Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698931971560.pdf (New Zealand)
Privacy Act 1993 Public Act Date of assent 1993 No 28 17 May 1993 Contents Title Short Title and commencement Part 1 Preliminary provisions Interpretation Information held by agency Actions of, and disclosure of information to, staff of agency, etc Act to bind the Crown Part 2 Information privacy principles Information privacy principles Savings Application of information privacy principles Postponement of application of principle 11 to lists used for direct marketing Application of principles to information held overseas Enforceability of principles Part 3 Privacy Commissioner Privacy Commissioner Functions of Commissioner Commissioner to have regard to certain matters Deputy Commissioner Term of ofﬁce [Repealed] Continuation in ofﬁce after term expires [Repealed] Vacation of ofﬁce [Repealed] Holding of other ofﬁces Powers relating to declaratory judgments Note This Act is administered in the Ministry of Justice.
Page 7 7 8 14 15 15 15 23 24 25 25 26 26 27 30 30 31 31 31 31 32 1 Privacy Act 1993 Reprinted as at 3 September 2007 Directories of personal information Commissioner may require agency to supply information Privacy ofﬁcers Annual report Further provisions relating to Commissioner Review of operation of Act Part 4 Good reasons for refusing access to personal information Security, defence, international relations, etc Trade secrets Other reasons for refusal of requests Refusal not permitted for any other reason Restriction where person sentenced to imprisonment Information concerning existence of certain information Part 5 Procedural provisions relating to access to and correction of personal information Application Who may make requests Charges Commissioner may authorise public sector agency to charge Urgency Assistance Transfer of requests Decisions on requests Extension of time limits Documents Deletion of information from documents Reason for refusal to be given Precautions Part 6 Codes of practice and exemptions from information privacy principles Codes of practice Codes of practice Proposal for issuing of code of practice Notiﬁcation of intention to issue code Notiﬁcation, availability, and commencement of code Reprinted as at 3 September 2007 Privacy Act 1993 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Codes deemed to be regulations for purposes of disallowance Amendment and revocation of codes Urgent issue of code Effect of code Speciﬁc exemptions Commissioner may authorise collection, use, or disclosure of personal information Certain personal information excluded Personal information relating to domestic affairs Intelligence organisations Part 7 Public register personal information Interpretation Public register privacy principles Application of information privacy principles and public register privacy principles to public
 registers Complaints relating to compliance with principles Enforceability of principles Codes of practice in relation to public registers Effect of code Power to amend Schedule 2 by Order in Council Part 8 Complaints Interpretation 66 Interference with privacy Complaints 67 68 Complaints Mode of complaint Investigations by Commissioner 69 70 71 72 72A 72B Investigation of interference with privacy of individual Action on receipt of complaint Commissioner may decide to take no action on complaint Referral of complaint to Ombudsman Referral of complaint to Health and Disability Commissioner Referral of complaint to Inspector­General of Intelligence and Security 52 52 52 53 53 54 55 55 55 56 57 57 58 58 59 59 60 61 62 62 62 63 64 64 65 3 Privacy Act 1993 Reprinted as at 3 September 2007 Proceedings of Commissioner Proceedings of Commissioner Settlement of complaints Parties to be informed of result of investigation Compulsory conferences Procedure after investigation Procedure in relation to charging Breaches of certain principles occurring before 1 July 1996 Commissioner to report breach of duty or misconduct 73 74 75 76 77 78 79 80 Special procedure relating to intelligence organisations 81 Special procedure relating to intelligence organisations Proceedings before Human Rights Review Tribunal Proceedings before Human Rights Review Tribunal Aggrieved individual may bring proceedings before Human Rights Review Tribunal Remedies that may be sought Powers of Human Rights Review Tribunal Right of Proceedings Commissioner to appear in proceedings Proof of exceptions Damages Certain provisions of Human Rights Act 1993 to apply Part 9 Proceedings of Commissioner Procedure Evidence Compliance with requirements of Commissioner Extension of time limit Protection and privileges of witnesses, etc Disclosures of information, etc Proceedings privileged 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Part 10 Information matching Interpretation 97 Interpretation Information matching
 guidelines Information matching guidelines 98 4 66 66 66 67 67 68 69 70 70 71 72 73 73 74 76 76 78 78 79 80 80 81 83 84 85 89 Reprinted as at 3 September 2007 Privacy Act 1993 Authorised information matching programmes Information matching agreements Use of results of information matching programme Further provisions relating to results of information matching programme Extension of time limit Notice of adverse action proposed Reporting requirements Information matching programmes to be reported on in annual report Review of statutory authorities for information matching Amendment of information matching rules Avoidance of controls on information matching Avoidance of controls on information matching through use of exceptions to information privacy principles Avoidance of controls on information matching through use of ofﬁcial information statutes Part 11 Law enforcement information Interpretation Access by accessing agencies to law enforcement information Local authorities may be authorised to have access to law enforcement information Amendment of Schedule 5 [Expired] Expiry of power to amend Schedule 5 by Order in Council 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Part 12 Miscellaneous provisions General Protection against certain actions Commissioner and staff to maintain secrecy Consultation with Ombudsmen 115 116 117 117A Consultation with Health and Disability Commissioner 117B Consultation with Inspector­General of Intelligence and Security Corrupt use of ofﬁcial information [Repealed] Exclusion of public interest immunity Adverse comment 118 119 120 90 90 90 91 92 95 96 97 98 98 99 99 99 100 100 100 101 101 102 103 103 104 104 104 5 Privacy Act 1993 Delegations Reprinted as at 3 September 2007 121 122 123 124 125 126 127 Delegation of functions or powers of Commissioner [Repealed] Delegate to produce evidence of authority [Repealed] Revocation of delegations [Repealed] Delegation of powers by local authority Delegation of powers by ofﬁcers of
 local authority Liability and offences Liability of employer and principals Offences Regulations 128 Regulations Amendments, repeals, and revocations 129 Amendments, repeals, and revocations Transitional provisions and savings 130 131 132 133 Final report of Wanganui Computer Centre Privacy Commissioner Privacy Commissioner to complete work in progress of Wanganui Computer Centre Privacy Commissioner Savings Transitional provision 105 105 105 105 106 107 107 108 108 109 109 109 110 6 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 1 Provisions applying in respect of Commissioner Schedule 2 Public registers Schedule 3 Information matching provisions Schedule 4 Information matching rules Schedule 5 Law enforcement information Schedule 6 Enactments amended Schedule 7 Enactments repealed Schedule 8 Orders revoked s 1 110 113 122 126 131 162 164 165 An Act to promote and protect individual privacy in general accordance with the Recommendation of the Council of the Organisation for Economic Co­operation and Development Concerning Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data, and, in particular,— To establish certain principles with respect to— (a) (i) The collection, use, and disclosure, by public and private sector agencies, of information relating to individuals; and (ii) Access by each individual to information relating to that individual and held by public and private sector agencies; and To provide for the appointment of a Privacy Commissioner interferences with to investigate individual privacy; and To provide for matters incidental thereto complaints about Short Title and commencement This Act may be cited as the Privacy Act 1993.
(b) (c) 1 (1) 7 Part 1 s 2 Privacy Act 1993 Reprinted as at 3 September 2007 (2) Except as provided by section 31(2) of this Act, this Act shall come into force on the 1st day of July 1993.
Part 1 Preliminary provisions 2 (1) Interpretation In this Act, unless the context otherwise requires,— Action includes failure to act; and also includes any policy or practice Agency— (a) Means any person or body of persons, whether corpo­ rate or unincorporate, and whether in the public sector or the private sector; and, for the avoidance of doubt, includes a Department; but (b) Does not include— (i) (ii) The Sovereign; or The Governor­General or the Administrator of the Government; or (iii) The House of Representatives; or (iv) A member of Parliament in his or her ofﬁcial capacity; or The Parliamentary Service Commission; or (v) (vi) The Parliamentary Service, except in relation to personal information about any employee or for­ mer employee of that agency in his or her cap­ acity as such an employee; or In relation to its judicial functions, a court; or (vii) (viii) In relation to its judicial functions, a tribunal; or (ix) An Ombudsman; or (x) A Royal Commission; or (xi) A commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908; or (xii) A commission of inquiry or board of inquiry or court of inquiry or committee of inquiry ap­ pointed, pursuant to, and not by, any provision of an Act, to inquire into a speciﬁed matter; or 8 Reprinted as at 3 September 2007 Privacy Act 1993 Part 1 s 2 (xiii) In relation to its news activities, any news medium: Agency: paragraph (b)(viii) of this deﬁnition was amended, as from 3 Sep­ tember 1996, by section 2(1) Privacy Amendment Act 1996 (1996 No 142) by substituting the word “tribunal” for the word “Tribunal”.
Collect does not include receipt of unsolicited information Commissioner means the Privacy Commissioner referred to in section 12 of this Act and appointed in accordance with section 28(1)(b) of the Crown Entities Act 2004.

Commissioner: this deﬁnition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Complaints Review Tribunal or Tribunal[Repealed] Complaints Review Tribunal or Tribunal: this deﬁnition was substituted, as from 3 September 1996, by section 2(2) Privacy Amendment Act 1996 (1996 No 142).

Complaints Review Tribunal: this deﬁnition was repealed, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96).
[Repealed] Correct, in relation to personal information, means to alter that information by way of correction, deletion, or addition; and correction has a corresponding meaning Department means a Government Department named in Part 1 of Schedule 1 to the Ombudsmen Act 1975 Deputy Commissioner means the Deputy Privacy Commis­ sioner appointed under section 15 of this Act Director of Human Rights Proceedings means the Director of Human Rights Proceedings or alternate Director of Human Rights Proceedings appointed under section 20A of the Human Rights Act 1993.
Director of Human Rights Proceedings: this deﬁnition was inserted, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96).
Document means a document in any form; and includes— (a) (b) Any information recorded or stored by means of any tape­recorder, computer, or other device; and any material subsequently derived from information so recorded or stored: Any writing on any material: 9 Part 1 s 2 Privacy Act 1993 Reprinted as at 3 September 2007 (c) Any label, marking, or other writing that identiﬁes or describes any thing of which it forms part, or to which it is attached by any means: (d) Any book, map, plan, graph, or drawing: (e) Any photograph, ﬁlm, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced: Enactment means any provision of— (a) Any Act of Parliament; or (b) Any regulations within the meaning of the Regulations (Disallowance) Act 1989 made by Order in Council: Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by section 93 of the Human Rights Act 1993 Human Rights Review Tribunal or Tribunal: this deﬁnition was inserted, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96).
Individual means a natural person, other than a deceased nat­ ural person Individual concerned, in relation to personal information, means the individual to whom the information relates Information matching programme has the meaning given to it by section 97 of this Act Information privacy principle or principle means any of the information privacy principles set out in section 6 of this Act Information privacy request has the meaning given to it by section 33 of this Act Intelligence organisation means— (a) (b) International organisation means any organisation of States or Governments of States or any organ or agency of any such organisation; and includes the Commonwealth Secretariat Local authority— (a) Means a local authority or public body named or spe­ ciﬁed in Schedule 1 to the Local Government Ofﬁcial Information and Meetings Act 1987; and The New Zealand Security Intelligence Service; and The Government Communications Security Bureau: 10 Reprinted as at 3 September 2007 Privacy Act 1993 Part 1 s 2 (b) Includes— (i) Any committee or subcommittee or standing committee or special committee or joint standing committee or joint special committee which the local authority is empowered to appoint under its standing orders or rules of procedure or under any enactment or Order in Council constituting the local authority or regulating its proceedings; and (ii) A committee of the whole local authority: Minister means a Minister of the Crown in his or her ofﬁcial capacity News activity means— (a) The gathering of news, or the preparation or compiling of articles or programmes of or concerning news, obser­ vations on news, or current affairs, for the purposes of dissemination to the public or any section of the public: The dissemination, to the public or any section of the public, of any article or programme of or concerning— (i) (ii) Observations on news: (iii) Current affairs: News: (b) News medium means any agency whose business, or part of whose business, consists of a news activity; but, in relation to principles 6 and 7, does not include Radio New Zealand Limited or Television New Zealand Limited News medium: this deﬁnition was amended, as from 1 December 1995, by section 20 Radio New Zealand Act 1995 (1995 No 52) by substituting the words “Radio New Zealand Limited, The Radio Company Limited, or” for the words “Radio New Zealand Limited or”.
See regulation 2 Radio New Zealand Act Commencement Order 1995 (SR 1995/226).

News medium: this deﬁnition was further amended, as from 5 July 1996, by section 2 Radio New Zealand Act (No 2) 1995 (1995 No 53) by substituting the words “Radio New Zealand Limited or” for the words “Radio New Zealand Limited, The Radio Company Limited, or”.

See clause 2 Radio New Zealand Act (No 2) Commencement Order 1996 (SR 1996/182).
Ombudsman means an Ombudsman appointed under the Ombudsmen Act 1975 Organisation— (a) Means— 11 Part 1 s 2 Privacy Act 1993 Reprinted as at 3 September 2007 (i) An organisation named in Part 2 of Schedule 1 to the Ombudsmen Act 1975; and (ii) An organisation named in Schedule 1 to the Ofﬁcial Information Act 1982; and Includes— (i) The Ofﬁce of the Clerk of the House of Repre­ sentatives: (ii) An intelligence organisation: (b) Permanent resident of New Zealand means a person who— (a) (b) Resides in New Zealand; and Is not— (i) A person to whom section 7 of the Immigration Act 1987 applies; or (ii) A person obliged, by or pursuant to that Act, to leave New Zealand immediately or within a spe­ ciﬁed time; or (iii) Deemed for the purposes of that Act to be in New Zealand unlawfully: Personal information means information about an identiﬁ­ able individual; and includes information relating to a death that is maintained by the Registrar­General pursuant to the Births, Deaths, and Marriages Registration Act 1995, or any former Act Personal information: 1996, by section 2(3) Privacy Amendment Act 1996 (1996 No 142).
Proceedings Commissioner[Repealed] Proceedings Commissioner: this deﬁnition was substituted, as from 3 Septem­ ber 1996, by section 2(4) Privacy Amendment Act 1996 (1996 No 142).

this deﬁnition was substituted, as from 3 September this deﬁnition was repealed, as from 1 January Proceedings Commissioner: 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96).
[Repealed] Public register has the meaning given to it in section 58 of this Act Public register privacy principle has the meaning given to it in section 58 of this Act Public sector agency— (a) Means an agency that is a Minister, a Department, an organisation, or a local authority; and 12 Reprinted as at 3 September 2007 Privacy Act 1993 Part 1 s 2 (b) Includes any agency that is an unincorporated body (be­ ing a board, council, committee, or other body)— (i) Which is established for the purpose of assisting or advising, or performing functions connected with, any public sector agency within the mean­ ing of paragraph (a) of this deﬁnition; and (ii) Which is so established in accordance with the provisions of any enactment or by any such pub­ lic sector agency: Publicly available information means personal information that is contained in a publicly available publication Publicly available publication means a magazine, book, newspaper, or other publication that is or will be generally available to members of the public; and includes a public register Responsible Minister means the Minister of Justice Statutory ofﬁcer means a person— (a) Holding or performing the duties of an ofﬁce estab­ lished by an enactment; or Performing duties expressly conferred on that person by virtue of that person’s ofﬁce by an enactment: (b) Unique identiﬁer means an identiﬁer— (a) That is assigned to an individual by an agency for the purposes of the operations of the agency; and That uniquely identiﬁes that individual in relation to that agency;— (b) but, for the avoidance of doubt, does not include an indi­ vidual’s name used to identify that individual Working day means any day of the week other than— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Wai­ tangi Day; and (b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.
(2) For the avoidance of doubt, it is hereby declared that the fact that any body (being a commission of inquiry or board of in­ quiry or court of inquiry or committee of inquiry appointed, 13 Part 1 s 3 Privacy Act 1993 Reprinted as at 3 September 2007 by any provision of an Act, to inquire into a speciﬁed mat­ ter) is not excluded from the deﬁnition of the term agency in subsection (1) of this section by virtue of subparagraph (xii) of paragraph (b) of that deﬁnition does not mean that such a body is not excluded from that deﬁnition by virtue of subparagraph (vii) or subparagraph (viii) of that paragraph.
Compare: 1982 No 156 s 2; 1983 No 83 s 2; 1985 No 128 s 71(3); 1987 No 8 s 2; 1987 No 174 s 2 3 (1) Information held by agency Subject to subsection (2) of this section, information that is held by an ofﬁcer or employee or member of an agency in that person’s capacity as such an ofﬁcer or employee or member or in that person’s capacity as a statutory ofﬁcer shall be deemed, for the purposes of this Act, to be held by the agency of which that person is an ofﬁcer or employee or member.
(2) Nothing in subsection (1) of this section applies in respect of any information that any ofﬁcer or employee or member of a public sector agency would not hold but for that person’s membership of, or connection with, a body other than a public sector agency, except where that membership or connection is in that person’s capacity as an ofﬁcer or an employee or a member of that public sector agency or as a statutory ofﬁcer.
(3) Nothing in subsection (1) of this section applies in respect of any information that any ofﬁcer or employee or member of any agency (not being a public sector agency) would not hold but for that person’s membership of, or connection with, any other agency, except where that membership or connection is in that person’s capacity as an ofﬁcer or an employee or a member of that ﬁrst­mentioned agency.
For the purposes of this Act, where an agency holds informa­ tion— (a) (b) (c) Solely as agent; or For the sole purpose of safe custody; or For the sole purpose of processing the information on behalf of another agency,— (4) and does not use or disclose the information for its own purposes, the information shall be deemed to be held by the 14 Reprinted as at 3 September 2007 Privacy Act 1993 Part 2 s 6 agency on whose behalf that information is so held or, as the case may be, is so processed.
Compare: 1982 No 156 s 2(2) to (4) Actions of, and disclosure of information to, staff of agency, etc For the purposes of this Act, an action done by, or informa­ tion disclosed to, a person employed by, or in the service of, an agency in the performance of the duties of the person’s em­ ployment shall be treated as having been done by, or disclosed to, the agency.

Compare: Privacy Act 1988 (Aust), s 8(1) Act to bind the Crown This Act binds the Crown.
Part 2 Information privacy principles Information privacy principles The information privacy principles are as follows: Information Privacy Principles 4 5 6 Principle 1 Purpose of collection of personal information Personal information shall not be collected by any agency un­ less— (a) The information is collected for a lawful purpose con­ nected with a function or activity of the agency; and The collection of the information is necessary for that purpose.
(b) Principle 2 Source of personal information (1) Where an agency collects personal information, the agency shall collect the information directly from the individual con­ cerned.
It is not necessary for an agency to comply with subclause (1) of this principle if the agency believes, on reasonable grounds,— (2) 15 Part 2 s 6 Privacy Act 1993 Reprinted as at 3 September 2007 (a) (b) (c) (d) That the information is publicly available information; or That the individual concerned authorises collection of the information from someone else; or That non­compliance would not prejudice the interests of the individual concerned; or That non­compliance is necessary— (i) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or For the enforcement of a law imposing a pecu­ niary penalty; or (ii) (iii) For the protection of the public revenue; or (iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or Principle 2 subclause (2)(d)(iv) was amended, as from 3 September 1996, by section 3 Privacy Amendment Act 1996 (1996 No 142) by substituting the word “tribunal” for the word “Tribunal”.
(e) That compliance would prejudice the purposes of the collection; or That compliance is not reasonably practicable in the cir­ cumstances of the particular case; or That the information— (i) Will not be used in a form in which the individual concerned is identiﬁed; or (ii) Will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or That the collection of the information is in accordance with an authority granted under section 54 of this Act.
(f) (g) (h) Principle 3 Collection of information from subject (1) Where an agency collects personal information directly from the individual concerned, the agency shall take such steps (if any) as are, in the circumstances, reasonable to ensure that the individual concerned is aware of— 16 Reprinted as at 3 September 2007 Privacy Act 1993 Part 2 s 6 (a) (b) (c) (d) (e) (f) (g) The fact that the information is being collected; and The purpose for which the information is being col­ lected; and The intended recipients of the information; and The name and address of— (i) (ii) If the collection of the information is authorised or re­ quired by or under law,— (i) The agency that is collecting the information; and The agency that will hold the information; and The particular law by or under which the col­ lection of the information is so authorised or re­ quired; and (ii) Whether or not the supply of the information by that individual is voluntary or mandatory; and The consequences (if any) for that individual if all or any part of the requested information is not provided; and The rights of access to, and correction of, personal in­ formation provided by these principles.
(2) The steps referred to in subclause (1) of this principle shall be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is col­ lected.
(3) An agency is not required to take the steps referred to in sub­ clause (1) of this principle in relation to the collection of infor­ mation from an individual if that agency has taken those steps in relation to the collection, from that individual, of the same information or information of the same kind, on a recent pre­ vious occasion.
It is not necessary for an agency to comply with subclause (1) of this principle if the agency believes, on reasonable grounds,— (a) (4) That non­compliance is authorised by the individual concerned; or That non­compliance would not prejudice the interests of the individual concerned; or That non­compliance is necessary— (i) To avoid prejudice to the maintenance of the law by any public sector agency, including the (b) (c) 17 Part 2 s 6 Privacy Act 1993 Reprinted as at 3 September 2007 prevention, detection, investigation, prosecution, and punishment of offences; or For the enforcement of a law imposing a pecu­ niary penalty; or (ii) (iii) For the protection of the public revenue; or (iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or Principle 3 subclause (4)(c)(iv) was amended, as from 3 September 1996, by section 3 Privacy Amendment Act 1996 (1996 No 142) by substituting the word “tribunal” for the word “Tribunal”.
(d) That compliance would prejudice the purposes of the collection; or That compliance is not reasonably practicable in the cir­ cumstances of the particular case; or That the information— (i) Will not be used in a form in which the individual (e) (f) concerned is identiﬁed; or (ii) Will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.
Principle 4 Manner of collection of personal information Personal information shall not be collected by an agency— (a) (b) By unlawful means; or By means that, in the circumstances of the case,— (i) (ii) Are unfair; or Intrude to an unreasonable extent upon the per­ sonal affairs of the individual concerned.
Principle 5 Storage and security of personal information An agency that holds personal information shall ensure— (a) That the information is protected, by such security safe­ guards as it is reasonable in the circumstances to take, against— (i) (ii) Access, use, modiﬁcation, or disclosure, except with the authority of the agency that holds the information; and Loss; and 18 Reprinted as at 3 September 2007 Privacy Act 1993 Part 2 s 6 (b) (iii) Other misuse; and That if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or unauthorised disclosure of the information.
Principle 6 Access to personal information (1) Where an agency holds personal information in such a way that it can readily be retrieved, the individual concerned shall be entitled— (a) To obtain from the agency conﬁrmation of whether or not the agency holds such personal information; and To have access to that information.
(b) (2) Where, in accordance with subclause (1)(b) of this principle, an individual is given access to personal information, the indi­ vidual shall be advised that, under principle 7, the individual may request the correction of that information.

The application of this principle is subject to the provisions of Parts 4 and 5 of this Act.
(3) Principle 7 Correction of personal information (1) Where an agency holds personal information, the individual concerned shall be entitled— (a) (b) To request correction of the information; and To request that there be attached to the information a statement of the correction sought but not made.
(2) An agency that holds personal information shall, if so re­ quested by the individual concerned or on its own initiative, take such steps (if any) to correct that information as are, in the circumstances, reasonable to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading.
(3) Where an agency that holds personal information is not willing to correct that information in accordance with a request by the individual concerned, the agency shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the information, in such a 19 Part 2 s 6 Privacy Act 1993 Reprinted as at 3 September 2007 manner that it will always be read with the information, any statement provided by that individual of the correction sought.
(4) Where the agency has taken steps under subclause (2) or sub­ clause (3) of this principle, the agency shall, if reasonably practicable, inform each person or body or agency to whom the personal information has been disclosed of those steps.

(5) Where an agency receives a request made pursuant to sub­ clause (1) of this principle, the agency shall inform the indi­ vidual concerned of the action taken as a result of the request.
Principle 8 Accuracy, etc, of personal information to be checked before use An agency that holds personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading.
Principle 9 Agency not to keep personal information for longer than necessary An agency that holds personal information shall not keep that information for longer than is required for the purposes for which the information may lawfully be used.
Principle 10 Limits on use of personal information An agency that holds personal information that was obtained in connection with one purpose shall not use the information for any other purpose unless the agency believes, on reason­ able grounds,— (a) That the source of the information is a publicly available publication; or That the use of the information for that other purpose is authorised by the individual concerned; or That non­compliance is necessary— (i) (b) (c) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or For the enforcement of a law imposing a pecu­ niary penalty; or (ii) 20 Reprinted as at 3 September 2007 Privacy Act 1993 Part 2 s 6 (iii) For the protection of the public revenue; or (iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or Principle 10 paragraph (c)(iv) was amended, as from 3 September 1996, by section 3 Privacy Amendment Act 1996 (1996 No 142) by substituting the word “tribunal” for the word “Tribunal”.
(d) That the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to— (i) (ii) Public health or public safety; or The life or health of the individual concerned or another individual; or (e) (f) That the purpose for which the information is used is directly related to the purpose in connection with which the information was obtained; or That the information— (i) Is used in a form in which the individual con­ cerned is not identiﬁed; or Is used for statistical or research purposes and will not be published in a form that could reason­ ably be expected to identify the individual con­ cerned; or (ii) (g) That the use of the information is in accordance with an authority granted under section 54 of this Act.
Principle 11 Limits on disclosure of personal information An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds,— (a) That the disclosure of the information is one of the pur­ poses in connection with which the information was ob­ tained or is directly related to the purposes in connection with which the information was obtained; or That the source of the information is a publicly available publication; or That the disclosure is to the individual concerned; or That the disclosure is authorised by the individual con­ cerned; or (b) (c) (d) 21 Part 2 s 6 Privacy Act 1993 Reprinted as at 3 September 2007 (e) That non­compliance is necessary— (i) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or For the enforcement of a law imposing a pecu­ niary penalty; or (ii) (iii) For the protection of the public revenue; or (iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or Principle 11 paragraph (e)(iv) was amended, as from 3 September 1996, by section 3 Privacy Amendment Act 1996 (1996 No 142) by substituting the word “tribunal” for the word “Tribunal”.
(f) That the disclosure of the information is necessary to prevent or lessen a serious and imminent threat to— (i) (ii) Public health or public safety; or The life or health of the individual concerned or another individual; or (g) (h) That the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern; or That the information— (i) Is to be used in a form in which the individual concerned is not identiﬁed; or Is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or (ii) (i) That the disclosure of the information is in accordance with an authority granted under section 54 of this Act.
Principle 12 Unique identiﬁers (1) An agency shall not assign a unique identiﬁer to an individual unless the assignment of that identiﬁer is necessary to enable the agency to carry out any one or more of its functions efﬁ­ ciently.
(2) An agency shall not assign to an individual a unique identi­ ﬁer that, to that agency’s knowledge, has been assigned to that 22 Reprinted as at 3 September 2007 Privacy Act 1993 Part 2 s 7 individual by another agency, unless those 2 agencies are as­ sociated persons within the meaning of section OD 7 of the Income Tax Act 2004.
(3) An agency that assigns unique identiﬁers to individuals shall take all reasonable steps to ensure that unique identiﬁers are assigned only to individuals whose identity is clearly estab­ lished.

(4) An agency shall not require an individual to disclose any unique identiﬁer assigned to that individual unless the dis­ closure is for one of the purposes in connection with which that unique identiﬁer was assigned or for a purpose that is directly related to one of those purposes.
Subclause (2) was amended, as from 1 April 1995, by section YB 1 of the In­ come Tax Amendment Act 1994 (1994 No 164) by substituting the words “sec­ tion OD 7 of the Income Tax Act 1994” for the words “section 8 of the Income Tax Act 1976”.

Subclause (2) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004” for the words “Income Tax Act 1994”.
Savings 7 (1) Nothing in principle 6 or principle 11 derogates from any pro­ vision that is contained in any enactment and that authorises or requires personal information to be made available.
(2) Nothing in principle 6 or principle 11 derogates from any pro­ vision that is contained in any other Act of Parliament and that— (a) Imposes a prohibition or restriction in relation to the availability of personal information; or Regulates the manner in which personal information may be obtained or made available.
(b) (3) Nothing in principle 6 or principle 11 derogates from any pro­ vision— (a) That is contained in any regulations within the meaning of the Regulations (Disallowance) Act 1989 made by Order in Council and in force— (i) In so far as those principles apply to a Depart­ ment, a Minister, an organisation, or a public sec­ tor agency (as deﬁned in paragraph (b) of the def­ inition of that term in section 2(1) of this Act) that 23 Part 2 s 8 Privacy Act 1993 Reprinted as at 3 September 2007 is established for the purposes of assisting or ad­ vising, or performing functions connected with, a Department, a Minister, or an organisation, im­ mediately before the 1st day of July 1983; and In so far as those principles apply to a local au­ thority or a public sector agency (as so deﬁned) that is established for the purposes of assisting or advising, or performing functions connected with, a local authority, immediately before the 1st day of March 1988; and In so far as those principles apply to any other agency, immediately before the 1st day of July 1993; and (ii) (iii) (b) That— (i) Imposes a prohibition or restriction in relation to the availability of personal information; or Regulates the manner in which personal informa­ tion may be obtained or made available.
(ii) (4) An action is not a breach of any of principles 1 to 5, 7 to 10, and 12 if that action is authorised or required by or under law.

(5) Nothing in principle 7 applies in respect of any information held by the Department of Statistics, where that information was obtained pursuant to the Statistics Act 1975.

Subject to the provisions of Part 7 of this Act, nothing in any of the information privacy principles shall apply in respect of a public register.
(6) Application of information privacy principles Subject to subsection (4) of this section, principles 1 to 4 apply only in relation to information collected after the commence­ ment of this section.

Subject to section 9 of this Act, principles 5 to 9 and principle 11 apply in relation to information held by an agency, whether the information was obtained before, or is obtained after, the commencement of this section.
Principle 10 applies only in relation to information obtained after the commencement of this section.

8 (1) (2) (3) 24 Reprinted as at 3 September 2007 Privacy Act 1993 Part 2 s 10 (4) Nothing in principle 3 shall apply in relation to the collection, by means of any printed form, of any personal information, if the form was printed before the commencement of this section and is used, before the 1st day of July 1995, for the purpose of collecting personal information.
Subclauses (1) to (3) of principle 12 apply only in relation to the assignment of unique identiﬁers after the commencement of this section.

Subclause (4) of principle 12 applies to any unique identiﬁer, whether assigned before or after the commencement of this section.
(5) (6) 9 Postponement of application of principle 11 to lists used for direct marketing (2) (1) Nothing in principle 11 shall apply, before the 1st day of July 1996, in relation to the disclosure, by any agency, of personal information collected before the 1st day of July 1993 for direct marketing purposes, where that disclosure is made to another agency for the purpose of enabling that other agency to engage in direct marketing.
For the purposes of subsection (1) of this section, direct mar­ keting means— (a) (b) The offering of goods or services; or The advertising of the availability of goods or services; or The solicitation of donations or contributions for char­ itable, cultural, philanthropic, recreational, political, or other purposes,— (c) by means of— (d) Information or goods sent to any person by mail, fac­ simile transmission, electronic mail, or other similar means of communication, where the information or goods are addressed to a speciﬁc person or speciﬁc persons by name; or Telephone calls made to speciﬁc persons by name.
(e) 10 (1) Application of principles to information held overseas For the purposes of principle 5 and principles 8 to 11, informa­ tion held by an agency includes information that is held outside 25 Part 2 s 11 Privacy Act 1993 Reprinted as at 3 September 2007 New Zealand by that agency, where that information has been transferred out of New Zealand by that agency or any other agency.
For the purposes of principles 6 and 7, information held by an agency includes information held outside New Zealand by that agency.

(2) (3) Nothing in this section shall apply to render an agency in breach of any of the information privacy principles in respect of any action that the agency is required to take by or under the law of any place outside New Zealand.
Enforceability of principles The entitlements conferred on an individual by subclause (1) of principle 6, in so far as that subclause relates to personal information held by a public sector agency, are legal rights, and are enforceable accordingly in a court of law.

Subject to subsection (1) of this section, the information pri­ vacy principles do not confer on any person any legal right that is enforceable in a court of law.
Part 3 Privacy Commissioner Privacy Commissioner There shall be a Commissioner called the Privacy Commis­ sioner.

The Commissioner is— (a) (b) a corporation sole; and a Crown entity for the purposes of section 7 of the Crown Entities Act 2004; and the board for the purposes of the Crown Entities Act 2004.

(c) The Crown Entities Act 2004 applies to the Commissioner ex­ cept to the extent that this Act expressly provides otherwise.
Compare: 1991 No 126 s 4 Subsections (2) and (3) were substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

11 (1) (2) 12 (1) (2) (3) (4) 26 Reprinted as at 3 September 2007 Privacy Act 1993 Part 3 s 13 Subsection (4) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
13 (1) Functions of Commissioner The functions of the Commissioner shall be— (a) To promote, by education and publicity, an understand­ ing and acceptance of the information privacy princi­ ples and of the objects of those principles: (c) (d) (b) When requested to do so by an agency, to conduct an audit of personal information maintained by that agency for the purpose of ascertaining whether or not the infor­ mation is maintained according to the information pri­ vacy principles: To monitor the use of unique identiﬁers, and to report to the Prime Minister from time to time on the results of that monitoring, including any recommendation relat­ ing to the need for, or desirability of taking, legislative, administrative, or other action to give protection, or bet­ ter protection, to the privacy of the individual: To maintain, and to publish, in accordance with section 21 of this Act, directories of personal information: To monitor compliance with the public register privacy principles, to review those principles from time to time with particular regard to the Council of Europe Rec­ ommendations on Communication to Third Parties of Personal Data Held by Public Bodies (Recommenda­ tion R(91) 10), and to report to the responsible Minis­ ter from time to time on the need for or desirability of amending those principles: To examine any proposed legislation that makes provi­ sion for— (i) (e) (f) The collection of personal information by any public sector agency; or The disclosure of personal information by one public sector agency to any other public sector agency,— (ii) or both; to have particular regard, in the course of that examination, to the matters set out in section 98 of this Act, in any case where the Commissioner considers that 27 Part 3 s 13 Privacy Act 1993 Reprinted as at 3 September 2007 the information might be used for the purposes of an information matching programme; and to report to the responsible Minister the results of that examination: For the purpose of promoting the protection of indi­ vidual
 privacy, to undertake educational programmes on the Commissioner’s own behalf or in co­operation with other persons or authorities acting on behalf of the Commissioner: To make public statements in relation to any matter af­ fecting the privacy of the individual or of any class of individuals: To receive and invite representations from members of the public on any matter affecting the privacy of the individual: To consult and co­operate with other persons and bodies concerned with the privacy of the individual: To make suggestions to any person in relation to any matter that concerns the need for, or the desirability of, action by that person in the interests of the privacy of the individual: To provide advice (with or without a request) to a Minis­ ter or an agency on any matter relevant to the operation of this Act: (g) (h) (i) (j) (k) (l) (n) (m) To inquire generally into any matter, including any en­ actment or law, or any practice, or procedure, whether governmental or non­governmental, or any technical development, if it appears to the Commissioner that the privacy of the individual is being, or may be, infringed thereby: To undertake research into, and to monitor develop­ ments in, data processing and computer technology to ensure that any adverse effects of such developments on the privacy of individuals are minimised, and to report to the responsible Minister the results of such research and monitoring: To examine any proposed legislation (including subor­ dinate legislation) or proposed policy of the Govern­ ment that the Commissioner considers may affect the (o) 28 Reprinted as at 3 September 2007 Privacy Act 1993 Part 3 s 13 (p) (q) (r) (s) (t) (u) privacy of individuals, and to report to the responsible Minister the results of that examination: To report (with or without request) to the Prime Minister from time to time on any matter affecting the privacy of the individual, including the need for, or desirability of, taking legislative, administrative, or
 other action to give protection or better protection to the privacy of the individual: To report to the Prime Minister from time to time on the desirability of the acceptance, by New Zealand, of any international instrument relating to the privacy of the individual: To report to the Prime Minister on any other matter re­ lating to privacy that, in the Commissioner’s opinion, should be drawn to the Prime Minister’s attention: To gather such information as in the Commissioner’s opinion will assist the Commissioner in carrying out the Commissioner’s functions under this Act: To do anything incidental or conducive to the perform­ ance of any of the preceding functions: To exercise and perform such other functions, powers, and duties as are conferred or imposed on the Commis­ sioner by or under this Act or any other enactment.
(1A) Except as expressly provided otherwise in this or another Act, the Commissioner must act independently in performing his or her statutory functions and duties, and exercising his or her statutory powers, under— this Act; and (a) any other Act that expressly provides for the functions, (b) powers, or duties of the Commissioner (other than the Crown Entities Act 2004).
(2) The Commissioner may from time to time, in the public inter­ est or in the interests of any person or body of persons, pub­ lish reports relating generally to the exercise of the Commis­ sioner’s functions under this Act or to any case or cases inves­ tigated by the Commissioner, whether or not the matters to be dealt with in any such report have been the subject of a report to the responsible Minister or the Prime Minister.
Compare: 1991 No 126 s 5 29 Part 3 s 14 Privacy Act 1993 Reprinted as at 3 September 2007 Subsection (1A) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
14 Commissioner to have regard to certain matters In the performance of his or her functions, and the exercise of his or her powers, under this Act, the Commissioner shall— (a) Have due regard for the protection of important human rights and social interests that compete with privacy, in­ cluding the general desirability of a free ﬂow of infor­ mation and the recognition of the right of government and business to achieve their objectives in an efﬁcient way; and Take account of international obligations accepted by New Zealand, including those concerning the inter­ national technology of communications; and Consider any developing general international guide­ lines relevant to the better protection of individual pri­ vacy; and (b) (c) (d) Have due regard to the information privacy principles and the public register privacy principles.
Compare: 1991 No 126 s 7; Privacy Act 1988 (Aust), s 29 15 (1) (2) (3) Deputy Commissioner The Governor­General may, on the recommendation of the Minister, appoint a deputy to the person appointed as Com­ missioner.

Part 2 of the Crown Entities Act 2004, except section 46, ap­ plies to the appointment and removal of a Deputy Commis­ sioner in the same manner as it applies to the appointment and removal of a Commissioner.
Subject to the control of the Commissioner, the Deputy Com­ missioner shall have and may exercise all the powers, duties, and functions of the Commissioner under this Act or any other enactment.
(4) On the occurrence from any cause of a vacancy in the ofﬁce of the Commissioner (whether by reason of death, resignation, or otherwise), and in the case of the absence from duty of the Commissioner (from whatever cause arising), and so long as any such vacancy or absence continues, the Deputy Commis­ 30 Reprinted as at 3 September 2007 Privacy Act 1993 Part 3 s 19 (5) (6) 16 17 18 19 (1) (2) sioner shall have and may exercise all the powers, duties, and functions of the Commissioner.
Subject to this Act, the Deputy Commissioner shall be entitled to all the protections, privileges, and immunities of the Com­ missioner.

Subsections (1) and (2) were substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsection (3) was amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96), by omitting the words “(other than the function of being a member of the Human Rights Commission)”.
Subsection (5) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Term of ofﬁce [Repealed] Sections 16 to 18 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Continuation in ofﬁce after term expires [Repealed] Sections 16 to 18 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Vacation of ofﬁce [Repealed] Sections 16 to 18 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Holding of other ofﬁces In addition to the matters in section 30(2) of the Crown Entities Act 2004, a member of a local authority is disqualiﬁed from being appointed as Commissioner.
The appointment of a Judge as the Commissioner, or service by a Judge as the Commissioner, does not affect that person’s tenure of his or her judicial ofﬁce or his or her rank, title, sta­ tus, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to 31 Part 3 s 20 Privacy Act 1993 Reprinted as at 3 September 2007 superannuation), and, for all purposes, that person’s service as the Commissioner shall be taken to be service as a Judge.
Compare: 1991 No 126 ss 8, 10 Subsection (1) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Powers relating to declaratory judgments If at any time it appears to the Commissioner that it may be de­ sirable to obtain a declaratory judgment or order of the High Court in accordance with the Declaratory Judgments Act 1908, he or she may refer the matter to the Proceedings Commis­ sioner for the purpose of deciding whether proceedings under that Act should be instituted.
In respect of any matter referred to the Proceedings Commis­ sioner under subsection (1) of this section, the Proceedings Commissioner shall, notwithstanding anything to the contrary in the Declaratory Judgments Act 1908 or any other enactment or rule of law, have sufﬁcient standing to institute proceedings under that Act whether or not the matter is one within his or her own functions and powers under this Act or under the Human Rights Commission Act 1977.
Compare: 1977 No 49 s 5A; 1983 No 56 s 3 Directories of personal information The Commissioner may from time to time, as the Commis­ sioner thinks ﬁt, cause to be published one or more publica­ tions that include all or any of the following information: (a) The nature of any personal information held by any agency: The purpose for which any personal information is held by any agency: The classes of individuals about whom personal infor­ mation is held by any agency: The period for which any type of personal information is held by any agency: The individuals who are entitled to have access to any personal information held by any agency, and the condi­ tions under which they are entitled to have that access: (b) (c) (d) (e) 20 (1) (2) 21 (1) 32 Reprinted as at 3 September 2007 Privacy Act 1993 Part 3 s 23 (2) (3) (f) The steps that should be taken by any individual wish­ ing to obtain access to any personal information held by any agency.
The Commissioner may from time to time bring the material contained in any publication published pursuant to subsection (1) of this section up to date, either by causing to be published a new edition of that publication or by causing to be published supplementary material.
In determining whether or not any publication should be pub­ lished pursuant to this section, the Commissioner shall have regard, among other things, to the need to assist members of the public to obtain personal information and to effectively ex­ ercise their rights under this Act.

(4) Nothing in this section requires the publication of any informa­ tion for which good reason for withholding would exist under section 27 or section 28 of this Act.
22 23 Commissioner may require agency to supply information For the purpose of— (a) The publication of any directory or any supplementary material pursuant to section 21 of this Act; or Enabling the Commissioner to respond to enquiries from the public seeking information of the kind referred to in any of paragraphs (a) to (f) of section 21(1) of this Act,— (b) the Commissioner may, from time to time, require any agency to supply to the Commissioner such information as the Com­ missioner may reasonably require in relation to the personal information held by that agency, and the agency shall comply with that requirement.
Privacy ofﬁcers It shall be the responsibility of each agency to ensure that there are, within that agency, one or more individuals whose respon­ sibilities include— (a) The encouragement of compliance, by the agency, with the information privacy principles: (b) Dealing with requests made to the agency pursuant to this Act: 33 Part 3 s 24 Privacy Act 1993 Reprinted as at 3 September 2007 (c) Working with the Commissioner in relation to investi­ gations conducted pursuant to Part 8 of this Act in rela­ tion to the agency: (d) Otherwise ensuring compliance by the agency with the provisions of this Act.
Annual report 24 (1) Without limiting the right of the Commissioner to report at any other time, but subject to section 120 of this Act, the annual report of the Commissioner under section 150 of the Crown Entities Act 2004 must include a report with respect to the operation of this Act during the year to which the report relates.
(2) Compare: 1991 No 126 s 12 Subsection (1) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “the annual report of the Commissioner under section 150 of the Crown Entities Act 2004 must include” for the words “the Commissioner shall in each year furnish to the responsible Minister”.

Subsection (2) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
25 Further provisions relating to Commissioner The provisions of Schedule 1 to this Act shall have effect in relation to the Commissioner and the Commissioner’s affairs.
Review of operation of Act 26 (1) As soon as practicable after the expiry of the period of 3 years beginning on the commencement of this section, and then at intervals of not more than 5 years, the Commissioner shall— (a) Review the operation of this Act since— (i) The date of the commencement of this section (in the case of the ﬁrst review carried out under this paragraph); or The date of the last review carried out under this paragraph (in the case of every subsequent re­ view); and (ii) (b) Consider whether any amendments to this Act are ne­ cessary or desirable; and 34 Reprinted as at 3 September 2007 Privacy Act 1993 Part 4 s 27 (c) Report the Commissioner’s ﬁndings to the responsible Minister.
(2) As soon as practicable after receiving a report from the Com­ missioner under subsection (1)(c) of this section, the respon­ sible Minister shall lay a copy of that report before the House of Representatives.
Part 4 Good reasons for refusing access to personal information (b) Security, defence, international relations, etc 27 (1) An agency may refuse to disclose any information requested pursuant to principle 6 if the disclosure of the information would be likely— (a) To prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or To prejudice the entrusting of information to the Gov­ ernment of New Zealand on a basis of conﬁdence by— The government of any other country or any (i) agency of such a government; or (ii) Any international organisation; or To prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or To endanger the safety of any individual.
(2) An agency may refuse to disclose any information requested pursuant to principle 6 if the disclosure of the information would be likely— (a) (d) (c) The self­governing state of the Cook Islands; or The self­governing state of Niue; or To prejudice the security or defence of— (i) (ii) (iii) Tokelau; or (iv) The Ross Dependency; or To prejudice relations between any of the Governments of— (i) (ii) New Zealand: The self­governing state of the Cook Islands: (b) 35 Part 4 s 28 Privacy Act 1993 Reprinted as at 3 September 2007 (c) (iii) The self­governing state of Niue; or To prejudice the international relations of the Govern­ ments of— (i) (ii) The self­governing state of the Cook Islands; or The self­governing state of Niue.
Compare: 1982 No 156 s 27(1)(a); 1987 No 8 s 4(2); 1987 No 174 s 26(1)(a) 28 (1) (2) Trade secrets Subject to subsection (2) of this section, an agency may refuse to disclose any information requested pursuant to principle 6 if the withholding of the information is necessary to protect in­ formation where the making available of the information— (a) Would disclose a trade secret; or (b) Would be likely unreasonably to prejudice the commer­ cial position of the person who supplied or who is the subject of the information.
Information may not be withheld under subsection (1) of this section if, in the circumstances of the particular case, the with­ holding of that information is outweighed by other consider­ ations which render it desirable, in the public interest, to make the information available.
Compare: 1982 No 156 s 27(1)(a); 1987 No 8 s 4(2); 1987 No 174 s 26(1)(a) Other reasons for refusal of requests 29 (1) An agency may refuse to disclose any information requested pursuant to principle 6 if— (a) The disclosure of the information would involve the un­ warranted disclosure of the affairs of another individual or of a deceased individual; or The disclosure of the information or of information identifying the person who supplied it, being evalu­ ative material, would breach an express or implied promise— (i) Which was made to the person who supplied the information; and (ii) Which was to the effect that the information or the identity of the person who supplied it or both would be held in conﬁdence; or (b) 36 Reprinted as at 3 September 2007 Privacy Act 1993 Part 4 s 29 (c) (d) (e) (f) (g) (h) (i) (j) After consultation undertaken (where practicable) by or on behalf of the agency with an individual’s medical practitioner, the agency is satisﬁed that— (i) (ii) The information relates to that individual; and The disclosure of the information (being infor­ mation that relates to the physical or mental health of the individual who requested it) would be likely to prejudice the physical or mental health of that individual; or In the case of an individual under the age of 16, the disclosure of that information would be contrary to that individual’s interests; or The disclosure of that information (being information in respect of an individual who has been convicted of an offence or is or has been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of that individual; or The disclosure of the information would breach legal professional privilege; or In the case of a request made to Radio New Zealand Limited or Television New Zealand Limited, the dis­ closure of the information would be likely to reveal the source of information of a bona ﬁde news media jour­ nalist and either— (i) The information is subject to an obligation of conﬁdence; or The disclosure of the information would be likely to prejudice the supply of similar information, or information from the same source; or (ii) The disclosure of the information, being information contained in material placed in any library or museum or archive, would breach a condition subject to which that material was so placed; or The disclosure of the information would constitute con­ tempt of Court or of the House of Representatives; or The request is frivolous or vexatious, or the information requested is trivial.
(2) An agency may refuse a request made pursuant to principle 6 if— 37 Part 4 s 29 Privacy Act 1993 Reprinted as at 3 September 2007 (a) (b) (c) The information requested is not readily retrievable; or The information requested does not exist or cannot be found; or The information requested is not held by the agency and the person dealing with the request has no grounds for believing that the information is either— Held by another agency; or (i) Connected more closely with the functions or ac­ (ii) tivities of another agency.
For the purposes of subsection (1)(b) of this section, the term evaluative material means evaluative or opinion material compiled solely— (a) For the purpose of determining the suitability, eligibil­ ity, or qualiﬁcations of the individual to whom the ma­ terial relates— (i) (ii) For employment or for appointment to ofﬁce; or For promotion in employment or ofﬁce or for continuance in employment or ofﬁce; or (iii) For removal from employment or ofﬁce; or (iv) For the awarding of contracts, awards, scholar­ ships, honours, or other beneﬁts; or For the purpose of determining whether any contract, award, scholarship, honour, or beneﬁt should be con­ tinued, modiﬁed, or cancelled; or For the purpose of deciding whether to insure any indi­ vidual or property or to continue or renew the insurance of any individual or property.
(b) (c) In subsection (1)(c), medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.
Compare: 1982 No 156 ss 18(c)(ii), (e), (g), (h), 27(1)(b) to (h), (2); 1987 No 8 s 15(1); 1987 No 174 ss 17(c)(ii), (e), (g), (h), 26(1)(b) to (h), (2) Subsection (1)(g) was amended, as from 1 December 1995, by section 20 Radio New Zealand Act 1995 (1995 No 52) by substituting the words “Radio New Zealand Limited, The Radio Company Limited, or” for the words “Radio New Zealand Limited or”.

See regulation 2 Radio New Zealand Act Commencement Order 1995 (SR 1995/226).
Subsection (1)(g) was further amended, as from 5 July 1996, by section 2 Radio New Zealand Act (No 2) 1995 (1995 No 53) by substituting the words “Radio (3) (4) 38 Reprinted as at 3 September 2007 Privacy Act 1993 Part 4 s 32 New Zealand Limited or” for the words “Radio New Zealand Limited, The Radio Company Limited, or”.

See clause 2 Radio New Zealand Act (No 2) Commencement Order 1996 (SR 1996/182).
Subsection (4) was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

30 Refusal not permitted for any other reason Subject to sections 7, 31, and 32 of this Act, no reasons other than one or more of the reasons set out in sections 27 to 29 of this Act justiﬁes a refusal to disclose any information requested pursuant to principle 6.
Compare: 1982 No 156 s 27(1A); 1987 No 8 s 15(2); 1987 No 174 s 26(2) 31 Restriction where person sentenced to imprisonment (1) Nothing in principle 6 gives any individual who, after the com­ mencement of this section, is sentenced to imprisonment for an offence the right to be given access to any personal infor­ mation about that individual that is held by the Police and that relates to the offence for which that individual was sentenced, or to the conviction or sentencing of that individual for that offence.
This section shall come into force on a date to be appointed by the Governor­General by Order in Council.
Compare: 1982 No 156 s 24A; 1987 No 8 s 14 (2) 32 Information concerning existence of certain information Where a request made pursuant to principle 6 relates to infor­ mation to which section 27 or section 28 of this Act applies, or would, if it existed, apply, the agency dealing with the re­ quest may, if it is satisﬁed that the interest protected by section 27 or section 28 of this Act would be likely to be prejudiced by the disclosure of the existence or non­existence of such in­ formation, give notice in writing to the applicant that it neither conﬁrms nor denies the existence or non­existence of that in­ formation.
Compare: 1982 No 156 s 10; 1987 No 8 s 4(2); 1987 No 174 s 8 39 Part 5 s 33 Privacy Act 1993 Reprinted as at 3 September 2007 33 Part 5 Procedural provisions relating to access to and correction of personal information Application This Part of this Act applies to the following requests (in this Act referred to as information privacy requests): (a) A request made pursuant to subclause (1)(a) of principle 6 to obtain conﬁrmation of whether or not an agency holds personal information: (b) A request made pursuant to subclause (1)(b) of principle (c) 6 to be given access to personal information: A request made pursuant to subclause (1) of principle 7 for correction of personal information.
34 Who may make requests An information privacy request may be made only by an indi­ vidual who is— (a) (b) A permanent resident of New Zealand; or (c) An individual who is in New Zealand.
A New Zealand citizen; or Charges Subject to section 36 of this Act, a public sector agency shall not require the payment, by or on behalf of any individual who wishes to make an information privacy request, of any charge in respect of— (a) The provision of assistance in accordance with section 38 of this Act; or The making of the request to that agency; or The transfer of the request to any other agency; or The processing of the request, including deciding whether or not the request is to be granted and, if so, in what manner; or The making available of information in compliance, in whole or in part, with the request; or In the case of a request made pursuant to subclause (1) of principle 7,— (b) (c) (d) (e) (f) 35 (1) 40 Reprinted as at 3 September 2007 Privacy Act 1993 Part 5 s 35 (i) (ii) The correction of any information in compliance, in whole or in part, with the request; or The attaching, to any information, of a statement of any correction sought but not made.
(2) Subject to subsection (4) of this section, an agency that is not a public sector agency shall not require the payment, by or on behalf of any individual who wishes to make an information privacy request, of any charge in respect of— (a) The provision of assistance in accordance with section 38 of this Act; or The making of the request to that agency; or The transfer of the request to any other agency; or The processing of the request, including deciding whether or not the request is to be granted and, if so, in what manner.
(b) (c) (d) (3) An agency that is not a public sector agency may require the payment, by or on behalf of any individual who wishes to make a request pursuant to subclause (1)(a) or subclause (1)(b) of principle 6 or pursuant to principle 7, of a charge in respect of— (a) The making available of information in compliance, in whole or in part, with the request; or In the case of a request made pursuant to subclause (1) of principle 7,— (i) The correction of any information in compliance, in whole or in part, with the request; or The attaching, to any information, of a statement of any correction sought but not made.
(ii) (b) (4) Where an agency that is not a public sector agency makes in­ formation available in compliance, in whole or in part, with an information privacy request, the agency may require the pay­ ment of a charge in respect of the provision of assistance, by that agency, in accordance with section 38 of this Act, in re­ spect of that request.
(5) Any charge ﬁxed by an agency pursuant to subsection (3) or subsection (4) of this section or pursuant to an authority granted pursuant to section 36 of this Act in respect of an information privacy request shall be reasonable, and (in the case of a charge ﬁxed in respect of the making available of 41 Part 5 s 36 Privacy Act 1993 Reprinted as at 3 September 2007 (6) information) regard may be had to the cost of the labour and materials involved in making information available in accord­ ance with the request and to any costs incurred pursuant to a request of the applicant for the request to be treated as urgent.
The provisions of subsections (3) to (5) of this section, in so far as they relate to the ﬁxing, by any agency that is not a pub­ lic sector agency, of any charge in respect of any information privacy request, shall apply subject to any provisions to the contrary in any code of practice issued under section 46 of this Act and for the time being in force.
Compare: 1982 No 156 ss 15(1A), (2), 24(1); 1989 No 122 s 2 36 Commissioner may authorise public sector agency to charge (1) Where a public sector agency satisﬁes the Commissioner that the agency is commercially disadvantaged, in comparison with any competitor in the private sector, by reason that the agency is prevented, by subsection (1) of section 35 of this Act, from imposing a charge in respect of any of the matters referred to in paragraph (e) or paragraph (f) of that subsection, the Commis­ sioner may authorise that agency to impose a charge in respect of either or both of those matters.
The Commissioner may impose in respect of any authority granted pursuant to subsection (1) of this section such con­ ditions as the Commissioner thinks ﬁt.

The Commissioner may, at any time, revoke any authority granted to an agency pursuant to subsection (1) of this sec­ tion, but shall not revoke any such authority without giving the agency an opportunity to be heard.
(2) (3) Urgency If an individual making an information privacy request asks that his or her request be treated as urgent, that individual shall give his or her reasons why the request should be treated as urgent.
Compare: 1982 No 156 s 12(3); 1987 No 174 s 10(3) 37 42 Reprinted as at 3 September 2007 Privacy Act 1993 Part 5 s 40 38 39 Assistance It is the duty of every agency to give reasonable assistance to an individual, who— (a) Wishes to make an information privacy request; or (b) In making such a request, has not made the request in accordance with the requirements of this Act; or Has not made his or her request to the appropriate agency,— (c) to make a request in a manner that is in accordance with the requirements of this Act or to direct his or her request to the appropriate agency.
Compare: 1982 No 156 s 13; 1987 No 174 s 11 Transfer of requests Where— (a) (b) An information privacy request is made to an agency or is transferred to an agency in accordance with this section; and The information to which the request relates— (i) Is not held by the agency but is believed by the person dealing with the request to be held by an­ other agency; or Is believed by the person dealing with the request to be more closely connected with the functions or activities of another agency,— the agency to which the request is made shall promptly, and in any case not later than 10 working days after the day on which the request is received, transfer the request to the other agency and inform the individual making the request accordingly.
Compare: 1982 No 156 s 14; 1987 No 174 ss 12, 57(1) (ii) 40 (1) Decisions on requests Subject to this Act, the agency to which an information pri­ vacy request is made or transferred in accordance with this Act shall, as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the re­ quest is received by that agency,— 43 Part 5 s 41 Privacy Act 1993 Reprinted as at 3 September 2007 (a) Decide whether the request is to be granted and, if it is to be granted, in what manner and, subject to sections 35 and 36 of this Act, for what charge (if any); and (b) Give or post to the individual who made the request notice of the decision on the request.
(2) Where any charge is imposed, the agency may require the whole or part of the charge to be paid in advance.

(3) Where an information privacy request is made or transferred to a Department, the decision on that request shall be made by the chief executive of that Department or an ofﬁcer or employee of that Department authorised by that chief executive, unless that request is transferred in accordance with section 39 of this Act to another agency.
(4) Nothing in subsection (3) of this section prevents the chief ex­ ecutive of a Department or any ofﬁcer or employee of a De­ partment from consulting a Minister or any other person in re­ lation to the decision that the chief executive or ofﬁcer or em­ ployee proposes to make on any information privacy request made or transferred to the Department in accordance with this Act.
Compare: 1982 No 156 s 15; 1987 No 8 s 8(1); 1987 No 174 ss 13, 57(1) Extension of time limits 41 (1) Where an information privacy request is made or transferred to an agency, the agency may extend the time limit set out in section 39 or section 40(1) of this Act in respect of the request if— (a) The request is for a large quantity of information or ne­ cessitates a search through a large quantity of informa­ tion, and meeting the original time limit would unrea­ sonably interfere with the operations of the agency; or Consultations necessary to make a decision on the re­ quest are such that a proper response to the request can­ not reasonably be made within the original time limit.
(2) Any extension under subsection (1) of this section shall be for a reasonable period of time having regard to the circumstances.

(b) 44 Reprinted as at 3 September 2007 Privacy Act 1993 Part 5 s 42 (3) (4) The extension shall be effected by giving or posting notice of the extension to the individual who made the request within 20 working days after the day on which the request is received.
The notice effecting the extension shall— (a) Specify the period of the extension; and (b) Give the reasons for the extension; and (c) State that the individual who made the request for the information has the right, under section 67 of this Act, to make a complaint to the Commissioner about the ex­ tension; and (d) Contain such other information as is necessary.
Compare: 1982 No 156 s 15A; 1987 No 8 s 9(1); 1987 No 174 s 14 Documents 42 (1) Where the information in respect of which an information pri­ vacy request is made by any individual is comprised in a docu­ ment, that information may be made available in one or more of the following ways: (a) (c) (d) (b) By giving the individual a reasonable opportunity to inspect the document; or By providing the individual with a copy of the docu­ ment; or In the case of a document that is an article or thing from which sounds or visual images are capable of being re­ produced, by making arrangements for the individual to hear or view those sounds or visual images; or In the case of a document by which words are recorded in a manner in which they are capable of being repro­ duced in the form of sound or in which words are con­ tained in the form of shorthand writing or in codiﬁed form, by providing the individual with a written tran­ script of the words recorded or contained in the docu­ ment; or By giving an excerpt or summary of the contents; or (e) (f) By furnishing oral information about its contents.
Subject to section 43 of this Act, the agency shall make the information available in the way preferred by the individual requesting it unless to do so would— (a) Impair efﬁcient administration; or (2) 45 Part 5 s 43 Privacy Act 1993 Reprinted as at 3 September 2007 (b) (c) Be contrary to any legal duty of the agency in respect of the document; or Prejudice the interests protected by section 27 or sec­ tion 28 or section 29 of this Act and (in the case of the interests protected by section 28 of this Act) there is no countervailing public interest.
(3) Where the information is not provided in the way preferred by the individual requesting it, the agency shall, subject to section 32 of this Act, give to that individual— (a) The reason for not providing the information in that way; and If that individual so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 27 or section 28 or section 29 of this Act and (in the case of the interests protected by section 28 of this Act) there is no countervailing public interest.
(b) Compare: 1982 No 156 s 16; 1987 No 8 s 4(2); 1987 No 174 s 15 Deletion of information from documents 43 (1) Where the information in respect of which an information pri­ vacy request is made is comprised in a document and there is good reason for withholding some of the information con­ tained in that document, the other information in that docu­ ment may be made available by making a copy of that docu­ ment available with such deletions or alterations as are neces­ sary.
(2) Where a copy of a document is made available under subsec­ tion (1) of this section, the agency shall, subject to section 32 of this Act, give to the individual— (a) (b) The reason for withholding the information; and If the individual so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 27 or section 28 or section 29 of this Act and (in the case of the interests protected by section 28 of this Act) there is no countervailing public interest.
Compare: 1982 No 156 s 17; 1987 No 8 s 4(2); 1987 No 174 s 16 46 Reprinted as at 3 September 2007 Privacy Act 1993 Part 5 s 45 44 45 Reason for refusal to be given Where an information privacy request made by an individual is refused, the agency shall,— (a) Subject to section 32 of this Act, give to the indi­ vidual— (i) (ii) The reason for its refusal; and If the individual so requests, the grounds in sup­ port of that reason, unless the giving of those grounds would itself prejudice the interests pro­ tected by section 27 or section 28 or section 29 of this Act and (in the case of the interests protected by section 28 of this Act) there is no countervail­ ing public interest; and (b) Give to the individual information concerning the indi­ vidual’s right, by way of complaint under section 67 of this Act to the Commissioner, to seek an investigation and review of the refusal.
Compare: 1982 No 156 s 19; 1987 No 8 s 4(2); 1987 No 174 s 18 Precautions Where an information privacy request is made pursuant to sub­ clause (1)(b) of principle 6, the agency— (a) Shall not give access to that information unless it is sat­ isﬁed concerning the identity of the individual making the request; and Shall ensure, by the adoption of appropriate procedures, that any information intended for an individual is re­ ceived— (i) (ii) Where the request is made by an agent of the individual, only by that individual or his or her agent; and Only by that individual; or Shall ensure that, where the request is made by an agent of the individual, the agent has the written authority of that individual to obtain the information or is otherwise properly authorised by that individual to obtain the in­ formation.
(b) (c) Compare: 1982 No 156 s 25; 1987 No 174 s 24 47 Part 6 s 46 Privacy Act 1993 Reprinted as at 3 September 2007 Part 6 Codes of practice and exemptions from information privacy principles Codes of practice 46 (1) Codes of practice The Commissioner may from time to time issue a code of prac­ tice.
(2) A code of practice may— (a) Modify the application of any one or more of the infor­ mation privacy principles by— (i) (ii) Prescribing standards that are more stringent or less stringent than the standards that are pre­ scribed by any such principle: Exempting any action from any such principle, either unconditionally or subject to such condi­ tions as are prescribed in the code: (aa) Apply any one or more of the information privacy prin­ ciples (but not all of those principles) without modiﬁca­ tion: Prescribe how any one or more of the information pri­ vacy principles are to be applied, or are to be complied with.
(b) (3) A code of practice may apply in relation to any one or more of the following: (a) Any speciﬁed information or class or classes of infor­ mation: (b) Any speciﬁed agency or class or classes of agencies: (c) Any speciﬁed activity or class or classes of activities: (d) Any speciﬁed industry, profession, or calling or class or classes of industries, professions, or callings.
(4) A code of practice may also— (a) (b) Impose, in relation to any agency that is not a pub­ lic sector agency, controls in relation to the compari­ son (whether manually or by means of any electronic or other device) of personal information with other per­ sonal information for the purpose of producing or veri­ fying information about an identiﬁable individual: In relation to charging under section 35 of this Act,— 48 Reprinted as at 3 September 2007 Privacy Act 1993 Part 6 s 46 (i) (ii) Set guidelines to be followed by agencies in de­ termining charges: Prescribe circumstances in which no charge may be imposed: Prescribe procedures for dealing with complaints alleg­ ing a breach of the code, but no such provisions may limit or restrict any provision of Part 8 or Part 9 of this Act: Provide for the review of the code by the Commis­ sioner: Provide for the expiry of the code.
(c) (d) (e) (5) A code of practice may not limit or restrict the circumstances in which an individual is entitled,— (a) Under subclause (1)(a) of principle 6, to obtain conﬁrm­ ation of whether or not a public sector agency holds per­ sonal information; or (b) Under subclause (1)(b) of principle 6, to have access to personal information held by a public sector agency; or Under principle 7,— (i) (c) To request the correction of personal information held by a public sector agency; or To request that there be attached to any such in­ formation a statement of any correction sought but not made.
(ii) (6) Notwithstanding the deﬁnition of the term individual in sec­ tion 2(1) of this Act,— (a) For the purposes of the issuing under this section of any code of practice relating to health information (whether or not any such code also relates to any other informa­ tion), principle 11 shall be read as if it applies in respect of health information about any individual, whether liv­ ing or deceased; and (b) Any code of practice so issued shall have effect under section 53 of this Act as if principle 11 so applied, and the provisions of this Act shall apply accordingly.
For the purposes of subsection (6) of this section, the term health information has the same meaning as it has in section 22B of the Health Act 1956.

(7) 49 Part 6 s 47 Privacy Act 1993 Reprinted as at 3 September 2007 Subsection (2)(aa) was inserted, as from 1 July 1994, by section 2 Privacy Amendment Act 1994 (1994 No 70).
47 (1) Proposal for issuing of code of practice Subject to section 48 of this Act, the Commissioner may issue a code of practice under section 46 of this Act on the Commis­ sioner’s own initiative or on the application of any person.

(2) Without limiting subsection (1) of this section, but subject to subsection (3) of this section, any person may apply to the Commissioner for the issue of a code of practice in the form submitted by the applicant.
(3) An application may be made pursuant to subsection (2) of this section only— (a) By a body the purpose of which, or one of the purposes of which, is to represent the interests of any class or classes of agency, or of any industry, profession, or call­ ing; and (b) Where the code of practice sought by the applicant is intended to apply in respect of the class or classes of agency, or the industry, profession, or calling, that the applicant represents, or any activity of any such class or classes of agency or of any such industry, profession, or calling.
(4) Where an application is made to the Commissioner pursuant to subsection (2) of this section, the Commissioner shall give public notice that the application has been received by the Commissioner, which notice shall contain a statement that— The details of the code of practice sought by the ap­ (a) plicant, including a draft of the proposed code, may be obtained from the Commissioner; and Submissions on the proposed code may be made in writ­ ing to the Commissioner within such period as is speci­ ﬁed in the notice.
(b) For the purposes of section 48 of this Act, the publication of a notice under subsection (4) of this section in relation to any proposed code of practice shall be sufﬁcient compliance with the requirements of subsection (1)(a) of that section in relation to the issuing of that code.
(5) 50 Reprinted as at 3 September 2007 Privacy Act 1993 Part 6 s 49 48 (1) Notiﬁcation of intention to issue code Subject to section 52 of this Act, the Commissioner shall not issue a code of practice under section 46 of this Act unless— The Commissioner has given public notice of the Com­ (a) missioner’s intention to issue the code, which notice shall contain a statement that— (i) The details of the proposed code, including a draft of the proposed code, may be obtained from the Commissioner; and Submissions on the proposed code may be made in writing to the Commissioner within such period as is speciﬁed in the notice; and (ii) (b) The Commissioner has done everything reasonably possible on his or her part to advise all persons who will be affected by the proposed code, or representa­ tives of those persons, of the proposed terms of the code, and of the reasons for it, has given such persons or their representatives a reasonable opportunity to consider the proposed code and to make submissions on it to the Commissioner, and has considered any such submissions.
(2) The fact that the Commissioner has published in the Gazette a notice under section 49(1) of this Act shall be conclusive proof that the requirements of this section have been complied with in respect of the code of practice to which the notice relates.

(3) Nothing in subsection (1) of this section prevents the Commis­ sioner from adopting any additional means of publicising the proposal to issue a code or of consulting with interested par­ ties in relation to such a proposal.
49 Notiﬁcation, availability, and commencement of code (1) Where a code of practice is issued under section 46 of this Act,— (a) The Commissioner shall ensure that there is published in the Gazette, as soon as practicable after the code is issued, a notice— (i) Indicating that the code has been issued; and 51 Part 6 s 50 Privacy Act 1993 Reprinted as at 3 September 2007 (ii) Showing a place at which copies of the code are available for inspection free of charge and for purchase; and (b) The Commissioner shall ensure that so long as the code remains in force, copies of the code are available— (i) For inspection by members of the public free of charge; and For purchase by members of the public at a rea­ sonable price.
(ii) Every code of practice issued under section 46 of this Act shall come into force on the 28th day after the date of its notiﬁcation in the Gazette or on such later day as may be speciﬁed in the code.
Codes deemed to be regulations for purposes of disallowance All codes of practice issued under section 46 of this Act shall be deemed to be regulations for the purposes of the Regulations (Disallowance) Act 1989, but shall not be regula­ tions for the purposes of the Acts and Regulations Publication Act 1989.

Amendment and revocation of codes The Commissioner may from time to time issue an amendment or revocation of a code of practice issued under section 46 of this Act.
The provisions of sections 47 to 50 of this Act shall apply in respect of any amendment or revocation of a code of practice.
Urgent issue of code If the Commissioner considers that it is necessary to issue a code of practice under section 46 of this Act, or to amend or revoke any such code of practice, and that following the pro­ cedure set out in section 48 of this Act would be impracticable because it is necessary to issue the code or, as the case may be, the amendment or revocation urgently, the Commissioner may issue the code of practice or, as the case may be, the amend­ ment or revocation without complying with those procedures.
(2) 50 51 (1) (2) 52 (1) 52 Reprinted as at 3 September 2007 Privacy Act 1993 Part 6 s 54 (2) Every code of practice, and every amendment or revocation of a code of practice, issued in accordance with this section shall be identiﬁed as a temporary code or amendment or revocation, and shall remain in force for such period (not exceeding 1 year after the date of its issue) as is speciﬁed for that purpose in the code or, as the case may be, the amendment or the revocation.
(3) Nothing in section 49(2) of this Act shall apply in respect of a code of practice, or any amendment or revocation of a code of practice, issued in accordance with this section.
53 54 (1) Effect of code Where a code of practice issued under section 46 of this Act is in force,— (a) The doing of any action that would otherwise be a breach of an information privacy principle shall, for the purposes of Part 8 of this Act, be deemed not to be a breach of that principle if the action is done in compliance with the code: Failure to comply with the code, even though that fail­ ure is not otherwise a breach of any information privacy principle, shall, for the purposes of Part 8 of this Act, be deemed to be a breach of an information privacy prin­ ciple.
(b) Speciﬁc exemptions Commissioner may authorise collection, use, or disclosure of personal information The Commissioner may authorise an agency to collect, use, or disclose personal information, even though that collection, use, or disclosure would otherwise be in breach of principle 2 or principle 10 or principle 11, if the Commissioner is satisﬁed that, in the special circumstances of the case,— (a) The public interest in that collection or, as the case re­ quires, that use or that disclosure outweighs, to a sub­ stantial degree, any interference with the privacy of the individual that could result from that collection or, as the case requires, that use or that disclosure; or 53 Part 6 s 55 Privacy Act 1993 Reprinted as at 3 September 2007 (b) That collection or, as the case requires, that use or that disclosure involves a clear beneﬁt to the individual con­ cerned that outweighs any interference with the privacy of the individual that could result from that collection or, as the case requires, that use or that disclosure.
The Commissioner may impose in respect of any authority granted under subsection (1) of this section such conditions as the Commissioner thinks ﬁt.

The Commissioner shall not grant an authority under subsec­ tion (1) of this section in respect of the collection, use, or dis­ closure of any personal information for any purpose if the in­ dividual concerned has refused to authorise the collection or, as the case requires, the use or disclosure of the information for that purpose.
Certain personal information excluded Nothing in principle 6 or principle 7 applies in respect of— (a) telegram, cable, Personal information in the course of transmission by telex, facsimile transmission, post, electronic mail, or other similar means of communica­ tion; or Evidence given or submissions made to— (i) (ii) A commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908,— A Royal Commission; or at any time before the report of the Royal Commission or commission of inquiry has been published or, in the case of evidence or submissions given or made in the course of a sitting open to the public, at any time before the Royal Commission or commission of inquiry has reported to the Governor­General; or Evidence given or submissions made to a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed, pursuant to, and not by, any provision of an Act, to inquire into a speciﬁed matter; or Information contained in any correspondence or com­ munication that has taken place between the ofﬁce of (b) (c) (d) (2) (3) 55 54 Reprinted as at 3 September 2007 Privacy Act 1993 Part 7 s 58 the Ombudsmen and any agency and that relates to any investigation conducted by an Ombudsman under the Ombudsmen Act 1975 or the Ofﬁcial Information Act 1982 or the Local Government Ofﬁcial Information and Meetings Act 1987, other than information that came into existence before the commencement of that inves­ tigation; or Information contained in any correspondence or com­ munication that has taken place between the ofﬁce of the Commissioner and any agency and that relates to any in­ vestigation conducted by the Commissioner under this Act, other than information that came into existence be­ fore the commencement of that investigation.
(e) 56 Personal information relating to domestic affairs Nothing in the information privacy principles applies in re­ spect of— (a) The collection of personal information by an agency that is an individual; or Personal information that is held by an agency that is an individual,— (b) where that personal information is collected or held by that individual solely or principally for the purposes of, or in con­ nection with, that individual’s personal, family, or household affairs.
Compare: Data Protection Act 1984 (UK), s 33(1) 57 Intelligence organisations Nothing in principles 1 to 5 or principles 8 to 11 applies in relation to information collected, obtained, held, used, or dis­ closed by, or disclosed to, an intelligence organisation.
Part 7 Public register personal information 58 Interpretation In this Part of this Act, unless the context otherwise requires,— 55 Part 7 s 59 Privacy Act 1993 Reprinted as at 3 September 2007 Public register means— (a) Any register, roll, list, or other document maintained pursuant to a public register provision: (b) A document speciﬁed in Part 2 of Schedule 2 to this Act: Public register privacy principle means any of the principles set out in section 59 of this Act Public register provision means a provision speciﬁed in the second column of Part 1 of Schedule 2 to this Act as a public register provision of an enactment speciﬁed in the ﬁrst column of that Part of that Schedule.
59 Public register privacy principles The public register privacy principles are as follows: Public Register Privacy Principles Principle 1 Search references Personal information shall be made available from a public register only by search references that are consistent with the manner in which the register is indexed or organised.
Principle 2 Use of information from public registers Personal information obtained from a public register shall not be re­sorted, or combined with personal information obtained from any other public register, for the purpose of making avail­ able for valuable consideration personal information assem­ bled in a form in which that personal information could not be obtained directly from the register.
Principle 3 Electronic transmission of personal information from register Personal information in a public register shall not be made available by means of electronic transmission, unless the pur­ pose of the transmission is to make the information available to a member of the public who wishes to search the register.

Principle 4 Charging for access to public register Personal information shall be made available from a public register for no charge or for no more than a reasonable charge.
56 Reprinted as at 3 September 2007 Privacy Act 1993 Part 7 s 61 60 (1) Application of information privacy principles and public register privacy principles to public registers Subject to subsection (3) of this section, the agency responsi­ ble for administering any public register shall, in administer­ ing that register, comply, so far as is reasonably practicable, with the information privacy principles and the public register privacy principles.
Every person shall, so far as is reasonably practicable, comply with principle 2 of the public register privacy principles.

(3) Where any information privacy principle or any public regis­ ter privacy principle is inconsistent with any provision of any enactment, then, for the purposes of this Part of this Act, that enactment shall, to the extent of the inconsistency, prevail.
(2) 61 (1) Complaints relating to compliance with principles The Commissioner may, on complaint made to the Commis­ sioner by any person or on the Commissioner’s own initiative, inquire into any public register provision if it appears to the Commissioner that the provision is inconsistent with any of the information privacy principles or any of the public register privacy principles.
(2) On completing any inquiry conducted pursuant to subsection (1) of this section, the Commissioner shall report the Com­ missioner’s ﬁndings to the Minister responsible for the admin­ istration of the enactment that was the subject of the inquiry, and any such report may include recommendations on the need for, or desirability of, taking any legislative, administrative, or other action to ensure adherence or greater adherence to the information privacy principles or the public register privacy principles, or both.
The Commissioner may, on complaint made to the Commis­ sioner by any person or on the Commissioner’s own initiative, investigate— (a) (3) The actions of any agency that is responsible for admin­ istering any public register if it appears that the agency is not, in the administration of that register, complying with the information privacy principles, or the public register privacy principles, or both: 57 Part 7 s 62 Privacy Act 1993 Reprinted as at 3 September 2007 (b) The actions of any person if it appears that the person is not complying with principle 2 of the public register privacy principles.
(4) On completing any inquiry conducted pursuant to subsection (3) of this section, the Commissioner shall report the Com­ missioner’s ﬁndings to the chief administrative ofﬁcer of the agency whose actions were the subject of the inquiry (or the person whose actions were the subject of the inquiry, in the case of an inquiry to which paragraph (b) of that subsection applies), and any such report may include recommendations on the need for, or desirability of, taking any administrative or other action to ensure adherence or greater adherence to the information privacy principles or the public register privacy principles, or both.
Sections 68, 70, 71, 73, 75, 80, and Part 9 of this Act shall ap­ ply, so far as applicable and with all necessary modiﬁcations, in relation to the making of a complaint pursuant to this section and to any inquiry conducted by the Commissioner pursuant to this section.

(5) 62 63 (1) Enforceability of principles The public register privacy principles do not confer on any person any legal right that is enforceable in a court of law.
Codes of practice in relation to public registers The Commissioner may from time to time issue, in relation to any public register, a code of practice.
(2) A code of practice issued under this section may— (a) Modify the application, in relation to a public register, of any one or more of the public register privacy prin­ ciples, or any one or more of the information privacy principles, or both, by— (i) Prescribing standards that are more stringent or less stringent than the standards that are pre­ scribed by any such principle: Exempting any action from any such principle, either unconditionally or subject to such condi­ tions as are prescribed in the code: (ii) 58 Reprinted as at 3 September 2007 Privacy Act 1993 Part 7 s 65 (b) (c) Prescribe how any one or more of the public register pri­ vacy principles, or any one or more of the information privacy principles, or both, are to be applied, or are to be complied with: Impose requirements that are not prescribed by any pub­ lic register privacy principle.
(3) A code of practice issued under this section may also contain (4) (5) 64 provisions— (a) Providing for the review of the code by the Commis­ sioner: Providing for the expiry of the code.

(b) To the extent that any code of practice issued under this section is inconsistent with any provision of any enactment, the code shall, to the extent of the inconsistency, be of no effect.
Sections 47 to 52 of this Act, so far as they are applicable and with all necessary modiﬁcations, shall apply with respect to the issue of any code of practice under this section and with respect to any code so issued.
Effect of code Where a code of practice issued under section 63 of this Act is in force,— (a) The doing of any action that would otherwise be a breach of a public register privacy principle or an information privacy principle shall, for the purposes of this Part of this Act, be deemed not to be a breach of that principle if the action is done in compliance with the code: Failure to comply with the code, even though that fail­ ure is not otherwise a breach of any public register pri­ vacy principle, shall, for the purposes of this Part of this Act, be deemed to be a breach of a public register pri­ vacy principle.
(b) 65 (1) Power to amend Schedule 2 by Order in Council The Governor­General may from time to time, by Order in Council made on the advice of the responsible Minister given after consultation with the Commissioner, amend Schedule 2 to this Act by adding any item.
59 Part 8 s 66 Privacy Act 1993 Reprinted as at 3 September 2007 (2) An Order in Council made under this section may add an item to Part 2 of Schedule 2 to this Act only if the item relates to a document that contains personal information and that is held by a public sector agency.
Part 8 Complaints Interpretation 66 (1) Interference with privacy For the purposes of this Part of this Act, an action is an inter­ ference with the privacy of an individual if, and only if,— (a) In relation to that individual,— (i) The action breaches an information privacy prin­ ciple; or The action breaches a code of practice issued under section 63 of this Act (which relates to pub­ lic registers); or (ii) (b) (iii) The provisions of Part 10 of this Act (which relates to information matching) have not been complied with; and In the opinion of the Commissioner or, as the case may be, the Tribunal, the action— (i) Has caused, or may cause, loss, detriment, dam­ age, or injury to that individual; or (ii) Has adversely affected, or may adversely affect, the rights, beneﬁts, privileges, obligations, or interests of that individual; or (iii) Has resulted in, or may result in, signiﬁcant hu­ miliation, signiﬁcant loss of dignity, or signiﬁ­ cant injury to the feelings of that individual.
(2) Without limiting subsection (1) of this section, an action is an interference with the privacy of an individual if, in relation to an information privacy request made by the individual,— (a) The action consists of a decision made under Part 4 or Part 5 of this Act in relation to the request, including— A refusal to make information available in re­ (i) sponse to the request; or 60 Reprinted as at 3 September 2007 Privacy Act 1993 Part 8 s 67 (ii) A decision by which an agency decides, in ac­ cordance with section 42 or section 43 of this Act, in what manner or, in accordance with sec­ tion 40 of this Act, for what charge the request is to be granted; or (iii) A decision by which an agency imposes condi­ tions on the use, communication, or publication of information made available pursuant to the re­ quest; or (iv) A decision by which an agency gives a notice under section 32 of this Act; or (v) A decision by which an agency extends any time limit under section 41 of this Act; or (b) (vi) A refusal to correct personal information; and The Commissioner or, as the case may be, the Tribunal is of the opinion that there is no proper basis for that decision.
If, in relation to any information privacy request, any agency fails within the time limit ﬁxed by section 40(1) of this Act (or, where that time limit has been extended under this Act, within that time limit as so extended) to comply with paragraph (a) or paragraph (b) of section 40(1) of this Act, that failure shall be deemed, for the purposes of subsection (2)(a)(i) of this section, to be a refusal to make available the information to which the request relates.
(3) (4) Undue delay in making information available in response to an information privacy request for that information shall be deemed, for the purposes of subsection (2)(a)(i) of this section, to be a refusal to make that information available.
Compare: 1982 No 156 s 28(1), (2), (4), (5); 1987 No 8 s 16(1); 1987 No 174 s 27(1), (2), (4), (5) Complaints Complaints 67 (1) Any person may make a complaint to the Commissioner alleg­ ing that any action is or appears to be an interference with the privacy of an individual.

(2) A complaint under this Part of this Act may be lodged with the Commissioner or an Ombudsman.
61 Part 8 s 68 Privacy Act 1993 Reprinted as at 3 September 2007 (3) On receiving a complaint under this Part of this Act, an Om­ budsman shall forward the complaint to the Commissioner as soon as practicable.

68 Mode of complaint (1) A complaint to the Commissioner may be made either orally or in writing.

(2) A complaint made orally shall be put in writing as soon as (3) 69 (1) (2) practicable.
The Commissioner shall give such reasonable assistance as is necessary in the circumstances to enable an individual, who wishes to make a complaint to the Commissioner, to put the complaint in writing.
Investigations by Commissioner Investigation of interference with privacy of individual The functions of the Commissioner under this Part of this Act shall be— (a) To investigate any action that is or appears to be an interference with the privacy of an individual: To act as conciliator in relation to any such action: To take such further action as is contemplated by this Part of this Act.
(b) (c) The Commissioner may commence an investigation under subsection (1)(a) of this section either on complaint made to the Commissioner or on the Commissioner’s own initiative.

Compare: 1977 No 49 s 34 Action on receipt of complaint 70 (1) On receiving a complaint under this Part of this Act, the Com­ missioner may— (a) (b) Decide, in accordance with section 71 of this Act, to Investigate the complaint; or take no action on the complaint.
The Commissioner shall, as soon as practicable, advise the complainant and the person to whom the complaint relates of the procedure that the Commissioner proposes to adopt under subsection (1) of this section.
(2) 62 Reprinted as at 3 September 2007 Privacy Act 1993 Part 8 s 71 71 (1) Commissioner may decide to take no action on complaint The Commissioner may in his or her discretion decide to take no action or, as the case may require, no further action, on any complaint if, in the Commissioner’s opinion,— (a) The length of time that has elapsed between the date when the subject­matter of the complaint arose and the date when the complaint was made is such that an in­ vestigation of the complaint is no longer practicable or desirable; or The subject­matter of the complaint is trivial; or The complaint is frivolous or vexatious or is not made in good faith; or The individual alleged to be aggrieved does not desire that action be taken or, as the case may be, continued; or The complainant does not have a sufﬁcient personal in­ terest in the subject­matter of the complaint; or (b) (c) (d) (e) (f) Where— (i) The complaint relates to a matter in respect of which a code of practice issued under section 46 of this Act is in force; and The code of practice makes provision for a com­ plaints procedure,— (ii) (g) the complainant has failed to pursue, or to pursue fully, an avenue of redress available under that complaints procedure that it would be reasonable for the com­ plainant to pursue; or There is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the indi­ vidual alleged to be aggrieved to exercise.
(2) Notwithstanding anything in subsection (1) of this section, the Commissioner may in his or her discretion decide not to take any further action on a complaint if, in the course of the inves­ tigation of the complaint, it appears to the Commissioner that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate.
63 Part 8 s 72 Privacy Act 1993 Reprinted as at 3 September 2007 (3) In any case where the Commissioner decides to take no action, or no further action, on a complaint, the Commissioner shall inform the complainant of that decision and the reasons for it.
Compare: 1975 No 9 s 17; 1977 No 49 s 35; 1981 No 127 s 3 Referral of complaint to Ombudsman 72 (1) Where, on receiving a complaint under this Part of this Act, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the juris­ diction of an Ombudsman under the Ombudsmen Act 1975 or the Ofﬁcial Information Act 1982 or the Local Government Ofﬁcial Information and Meetings Act 1987, the Commis­ sioner shall forthwith consult with the Chief Ombudsman in order to determine the appropriate means of dealing with the complaint.
(3) (2) As soon as practicable after consulting with the Chief Om­ budsman under subsection (1) of this section, the Commis­ sioner shall determine whether the complaint should be dealt with, in whole or in part, under this Act.
If the Commissioner determines that the complaint should be dealt with, in whole or in part, under the Ombudsmen Act 1975 or the Ofﬁcial Information Act 1982 or the Local Government Ofﬁcial Information and Meetings Act 1987, the Commissioner shall forthwith refer the complaint or, as the case requires, the appropriate part of the complaint to the Chief Ombudsman to be dealt with accordingly, and shall notify the complainant of the action that has been taken.
72A Referral of complaint to Health and Disability Commissioner (1) Where, on receiving a complaint under this Part of this Act, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the juris­ diction of the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994, the Commis­ sioner shall forthwith consult with the Health and Disability Commissioner in order to determine the appropriate means of dealing with the complaint.
64 Reprinted as at 3 September 2007 Privacy Act 1993 Part 8 s 72B (3) (2) As soon as practicable after consulting with the Health and Disability Commissioner under subsection (1) of this section, the Commissioner shall determine whether or not the com­ plaint should be dealt with, in whole or in part, under this Act.
If the Commissioner determines that the complaint should be dealt with, in whole or in part, under the Health and Disability Commissioner Act 1994, the Commissioner shall forthwith re­ fer the complaint or, as the case requires, the appropriate part of the complaint to the Health and Disability Commissioner to be dealt with accordingly, and shall notify the complainant of the action that has been taken.
Section 72A was inserted, as from 1 July 1996, by section 81(1) Health and Disability Commissioner Act 1994 (1994 No 88).

See clause 2 Health and Disability Commissioner Act Commencement Order 1996 (SR 1996/79).
72B Referral of complaint to Inspector­General of Intelligence and Security (1) Where, on receiving a complaint under this Part of this Act, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Inspector­General of Intelligence and Security under the Inspector­General of Intelligence and Security Act 1996, the Commissioner shall forthwith consult with the Inspector­ General of Intelligence and Security in order to determine the appropriate means of dealing with the complaint.
(3) (2) As soon as practicable after consulting with the Inspector­ General of Intelligence and Security under subsection (1) of this section, the Commissioner shall determine whether or not the complaint should be dealt with, in whole or in part, under this Act.
If the Commissioner determines that the complaint should be dealt with, in whole or in part, under the Inspector­General of Intelligence and Security Act 1996, the Commissioner shall forthwith refer the complaint or, as the case requires, the ap­ propriate part of the complaint to the Inspector­General of In­ telligence and Security to be dealt with accordingly, and shall notify the complainant of the action that has been taken.
Section 72B was inserted, as from 2 July 1996, by section 32 Inspector­General of Intelligence and Security Act 1996 (1996 No 47).
65 Part 8 s 73 Privacy Act 1993 Reprinted as at 3 September 2007 Proceedings of Commissioner Proceedings of Commissioner Before proceeding to investigate any matter under this Part of this Act, the Commissioner— (a) Shall inform the complainant (if any), the person to whom the investigation relates, and any individual alleged to be aggrieved (if not the complainant), of the Commissioner’s intention to make the investigation; and Shall inform the person to whom the investigation re­ lates of— (i) The details of the complaint (if any) or, as the case may be, the subject­matter of the investiga­ tion; and The right of that person to submit to the Com­ missioner, within a reasonable time, a written re­ sponse in relation to the complaint or, as the case may be, the subject­matter of the investigation.
(ii) (b) Compare: 1975 No 9 s 18(1); 1977 No 49 s 72(1) Settlement of complaints Where it appears from a complaint, or any written response made in relation to a complaint under section 73(b)(ii) of this Act, that it may be possible to secure a settlement between any of the parties concerned and, if appropriate, a satisfactory assurance against the repetition of any action that is the sub­ ject­matter of the complaint or the doing of further actions of a similar kind by the person concerned, the Commissioner may, without investigating the complaint or, as the case may be, in­ vestigating the complaint further, use his or her best endeav­ ours to secure such a settlement and assurance.
Parties to be informed of result of investigation Where any investigation is made following a complaint, the Commissioner shall conduct the investigation with due exped­ ition and shall inform the parties concerned, as soon as reason­ ably practicable after the conclusion of the investigation and in such manner as the Commissioner thinks proper, of the re­ 73 74 75 66 Reprinted as at 3 September 2007 Privacy Act 1993 Part 8 s 77 sult of the investigation and of what further action (if any) the Commissioner proposes to take in respect of that complaint.
Compare: 1977 No 49 s 36 76 (1) (2) Compulsory conferences The Commissioner may call a conference of the parties to a complaint by— (a) Posting to each of them a notice requesting their attend­ ance at a time and place speciﬁed; or Such other means as is agreed to by the parties con­ cerned.

(b) The objectives of the conference shall be— (a) (b) To identify the matters in issue between the parties; and To try to obtain agreement between the parties on the resolution of those matters.
(3) Where a person fails to comply with a request under subsec­ tion (1) of this section to attend a conference, the Commis­ sioner may issue a summons requiring the person to attend a conference at a time and place to be speciﬁed in the summons.

Subsections (1), (2), (3), and (5) of section 20 of the Summary Proceedings Act 1957 shall apply to a summons under this sec­ tion as if it were a witness summons issued under that section.
Compare: 1988 No 4 ss 67, 71 (4) Procedure after investigation 77 (1) Where the Commissioner, after making any investigation under this Part of this Act, is of the opinion,— (a) In the case of a complaint, that the complaint has sub­ stance, the Commissioner shall use his or her best en­ deavours to secure a settlement between any parties concerned and, if the Commissioner considers it appro­ priate, a satisfactory assurance against the repetition of any action that was the subject­matter of the investiga­ tion or the doing of further actions of a similar kind by the person concerned; or In any other case, that the matter ought to be proceeded with, the Commissioner shall use his or her best endeav­ ours to secure such an assurance as is referred to in para­ graph (a) of this subsection.
(b) 67 Part 8 s 78 Privacy Act 1993 Reprinted as at 3 September 2007 (2) If,— (a) (b) (c) In the circumstances referred to in section 74 of this Act, the Commissioner is unable to secure such a settlement and assurance as is referred to in that section; or In the circumstances referred to in paragraph (a) or para­ graph (b) of subsection (1) of this section, the Commis­ sioner is unable to secure such a settlement and assur­ ance or, as the case may be, such an assurance as is re­ ferred to in either of those paragraphs; or In any case to which section 74 of this Act or subsection (1) of this section applies, it appears that the action that was the subject­matter of the complaint or, as the case may be, the investigation was done in contravention of such an assurance as is referred to in that section or that subsection, given on a previous occasion, or that any term of such a settlement as is referred to in that section or that subsection, reached on a previous occasion, has not been complied with,— the Commissioner may refer the matter to the Director of Human Rights Proceedings for the purpose of deciding whether proceedings under section 82 of this Act should be instituted against the person against whom the complaint was made or in respect of whom the investigation was conducted.
(3) Where a matter is referred to the Director of Human Rights Proceedings under subsection (2) of this section, it shall, sub­ ject to section 82(3) of this Act, be for the Director of Human Rights Proceedings to determine, in his or her discretion, both whether a matter justiﬁes the institution of proceedings under section 82 of this Act and whether proceedings should be in­ stituted under section 82 of this Act in respect of that matter.
Compare: 1977 No 49 s 37; 1983 No 56 s 11 Subsection (2) and (3) were amended, as from 22 October 2003, by section 3 Pri­ vacy Amendment Act 2003 (2003 No 94) by substituting the words “Director of Human Rights Proceedings” for the words “Proceedings Commissioner” in each place where they occur.
Procedure in relation to charging 78 (1) Notwithstanding anything in section 77 of this Act, where the Commissioner, after making any investigation under this Part of this Act, is of the opinion that a charge ﬁxed in respect of 68 Reprinted as at 3 September 2007 Privacy Act 1993 Part 8 s 79 an information privacy request is unreasonable, the Commis­ sioner shall determine the amount of the charge (if any) that may reasonably be imposed in respect of that request.
(2) A determination of the Commissioner under subsection (1) of this section shall be ﬁnal and binding on the person who made the request and on the agency concerned, and, notwithstanding anything in section 82 or section 83 of this Act, no proceed­ ings may be brought before the Tribunal under either of those sections in respect of any action of any agency in so far as that action is the subject of a determination made by the Commis­ sioner under subsection (1) of this section.
79 (1) Breaches of certain principles occurring before 1 July 1996 This section applies to any interference with the privacy of an individual involving a breach of any of principles 1, 2, 3, 4, 8, 9, 10, and 11, in any case where the action that constitutes the breach occurs before the 1st day of July 1996.
(2) Notwithstanding anything in this Part of this Act, but subject to subsection (3) of this section, where— (a) (b) Any investigation is commenced under this Part of this Any complaint is made under this Part of this Act; or Act,— then, in so far as the complaint or investigation relates to an interference with the privacy of an individual (being an inter­ ference to which this section applies), the following provisions shall apply: (c) Nothing in section 77(2) or section 77(3) or sections 82 to 89 of this Act shall apply in relation to the complaint or the investigation: The Commissioner may make such recommendations as the Commissioner thinks ﬁt to the agency against which the complaint was made or, as the case requires, in respect of which the investigation was conducted, including (without limitation) a recommendation that the agency develop a code of practice in relation to all or any of its activities: (d) (e) Where the Commissioner makes a recommendation to an agency pursuant to paragraph (d) of this subsection, 69 Part 8 s 80 Privacy Act 1993 Reprinted as at 3 September 2007 the Commissioner may request the agency to notify the Commissioner, within a speciﬁed time, of the steps (if any) that the agency proposes to take to give effect to the Commissioner’s recommendation.
(3) Nothing in this section applies in relation to any interference with the privacy of an individual involving a breach of any information privacy principle, where the action that breaches the principle constitutes a failure to comply with a code of practice issued under section 46 of this Act.
80 81 (1) (2) Commissioner to report breach of duty or misconduct If, during or after any investigation, the Commissioner is of the opinion that there is evidence of any signiﬁcant breach of duty or misconduct on the part of any agency or any ofﬁcer or employee or member of an agency, the Commissioner shall refer the matter to the appropriate authority.
Compare: 1975 No 9 s 18(6); 1982 No 89 s 2 Special procedure relating to intelligence organisations Special procedure relating to intelligence organisations The provisions of this section shall apply in every case where, after making any investigation under this Part of this Act in respect of any action of an intelligence organisation, the Com­ missioner is of the opinion that the action that was the sub­ ject­matter of the investigation is an interference with the pri­ vacy of an individual.
If, in any case to which this section applies, the Commissioner is of the opinion that any steps should be taken by the intelli­ gence organisation in relation to the subject­matter of the in­ vestigation, the Commissioner shall report his or her opinion, and the reasons for that opinion, to the intelligence organisa­ tion, and may make such recommendations as the Commis­ sioner thinks ﬁt.
(3) Where the Commissioner makes a report to an intelligence or­ ganisation pursuant to subsection (2) of this section, the Com­ missioner may request the organisation to notify the Commis­ sioner, within a speciﬁed time, of the steps (if any) that the 70 Reprinted as at 3 September 2007 Privacy Act 1993 Part 8 s 82 (4) organisation proposes to take to give effect to the Commis­ sioner’s recommendations.
If, within a reasonable time after the report is made, no action is taken that seems to the Commissioner to be adequate and appropriate, the Commissioner, in the Commissioner’s discre­ tion, after considering the comments (if any) made by or on behalf of the organisation concerned, may send a copy of the report and recommendations to the Prime Minister.
(5) As soon as practicable after receiving a report under subsec­ tion (4) of this section, the Prime Minister may lay a copy of all or any part of the report before the House of Representa­ tives.

(6) Nothing in section 76 or section 77 or sections 82 to 89 of this Act shall apply in relation to any complaint made under this Part of this Act in relation to any action of an intelligence organisation, or in relation to any investigation under this Part of this Act into any such action.
Section 81 and the preceding heading “Special Procedure Relating to Intelli­ gence Organisations” were substituted, as from 1 July 1996, by section 4 Pri­ vacy Amendment Act 1996 (1996 No 142).

Proceedings before Human Rights Review Tribunal This heading was amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “Human Rights” for the word “Complaints”.
82 (1) (2) Proceedings before Human Rights Review Tribunal This section applies to any person— (a) In respect of whom an investigation has been conducted under this Part of this Act in relation to any action al­ leged to be an interference with the privacy of an indi­ vidual; or In respect of whom a complaint has been made in rela­ tion to any such action, where conciliation under section 74 of this Act has not resulted in a settlement.
Subject to subsection (3) of this section, civil proceedings be­ fore the Human Rights Review Tribunal shall lie at the suit of the Director of Human Rights Proceedings against any per­ (b) 71 Part 8 s 83 Privacy Act 1993 Reprinted as at 3 September 2007 (3) (4) son to whom this section applies in respect of any action of that person that is an interference with the privacy of an indi­ vidual.
The Director of Human Rights Proceedings shall not take pro­ ceedings under subsection (2) of this section against any per­ son to whom this section applies unless the Director of Human Rights Proceedings has given that person an opportunity to be heard.
The Director of Human Rights Proceedings may, under sub­ section (2) of this section, bring proceedings on behalf of a class of individuals, and may seek on behalf of individuals who belong to the class any of the remedies described in sec­ tion 85 of this Act, where the Director of Human Rights Pro­ ceedings considers that a person to whom this section applies is carrying on a practice which affects that class and which is an interference with the privacy of an individual.
(5) Where proceedings are commenced by the Director of Human Rights Proceedings under subsection (2) of this section, the aggrieved individual (if any) shall not be an original party to, or, unless the Tribunal otherwise orders, join or be joined in, any such proceedings.
Compare: 1977 No 49 s 38(1) to (3); 1983 No 56 s 12(1) The headings to sections 82, 83 and 85 were amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96), by substi­ tuting the words “Human Rights” for the word “Complaints”.
Section 82 was amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96) by substituting the words “Director of Human Rights Proceedings” for the words “Proceedings Commissioner” in each place where they occur.

Subsection (2) was amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “Human Rights” for the word “Complaints”, in each place where it occurs.
Aggrieved individual may bring proceedings before Human Rights Review Tribunal Notwithstanding section 82(2) of this Act, the aggrieved indi­ vidual (if any) may himself or herself bring proceedings be­ fore the Human Rights Review Tribunal against a person to whom section 82 of this Act applies if the aggrieved individual wishes to do so, and— 83 72 Reprinted as at 3 September 2007 Privacy Act 1993 Part 8 s 85 (a) (b) The Commissioner or the Director of Human Rights Proceedings is of the opinion that the complaint does not have substance or that the matter ought not to be proceeded with; or In a case where the Director of Human Rights Proceed­ ings would be entitled to bring proceedings, the Director of Human Rights Proceedings— (i) Agrees to the aggrieved individual bringing pro­ ceedings; or (ii) Declines to take proceedings.
Compare: 1977 No 49 s 38(4); 1983 No 56 s 12(2) The headings to sections 82, 83 and 85 were amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96), by substi­ tuting the words “Human Rights” for the word “Complaints”.

Section 83 was amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “Human Rights” for the word “Complaints”, in each place where it occurs.
Section 83 was further amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96) by substituting the words “Director of Human Rights Proceedings” for the words “Proceedings Commissioner” in each place where they occur.
Remedies that may be sought In any proceedings before the Human Rights Review Tribunal, the Director of Human Rights Proceedings or the aggrieved individual (as the case may be) may seek such of the remedies described in section 85 of this Act as he or she thinks ﬁt.
Compare: 1977 No 49 s 38(5); 1983 No 56 s 12(3) Section 84 was amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96) by substituting the words “Human Rights Review Tribunal, the Director of Human Rights Proceedings” for the words “Complaints Review Tribunal, the Proceedings Commissioner”.
Powers of Human Rights Review Tribunal If, in any proceedings under section 82 or section 83 of this Act, the Tribunal is satisﬁed on the balance of probabilities that any action of the defendant is an interference with the privacy of an individual, it may grant one or more of the following remedies: (a) A declaration that the action of the defendant is an inter­ ference with the privacy of an individual: 73 84 85 (1) Part 8 s 86 Privacy Act 1993 Reprinted as at 3 September 2007 (b) An order restraining the defendant from continuing or repeating the interference, or from engaging in, or caus­ ing or permitting others to engage in, conduct of the same kind as that constituting the interference, or con­ duct of any similar kind speciﬁed in the order: Damages in accordance with section 88 of this Act: (c) (d) An order that the defendant perform any acts speci­ ﬁed in the order with a view to remedying the interfer­ ence, or redressing any loss or damage suffered by the aggrieved individual as a result of the interference, or both: Such other relief as the Tribunal thinks ﬁt.
(e) In any proceedings under section 82 or section 83 of this Act, the Tribunal may award such costs against the defendant as the Tribunal thinks ﬁt, whether or not the Tribunal makes any other order, or may award costs against the plaintiff, or may decline to award costs against either party.
(2) (3) Where the Director of Human Rights Proceedings is the plain­ tiff, any costs awarded against him or her shall be paid by the Privacy Commissioner, and the Privacy Commissioner shall not be entitled to be indemniﬁed by the aggrieved individual (if any).
It shall not be a defence to proceedings under section 82 or section 83 of this Act that the interference was unintentional or without negligence on the part of the defendant, but the Tribunal shall take the conduct of the defendant into account in deciding what, if any, remedy to grant.
Compare: 1977 No 49 s 38(6) to (8); 1983 No 56 s 12(4) (4) The headings to sections 82, 83 and 85 were amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96), by substi­ tuting the words “Human Rights” for the word “Complaints”.

Subsection (3) was amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96) by substituting the words “Director of Human Rights Proceedings” for the words “Proceedings Commissioner”.
86 Right of Proceedings Commissioner to appear in proceedings (1) Whether or not the Director of Human Rights Proceedings is or was a party to the proceedings before the Human Rights 74 Reprinted as at 3 September 2007 Privacy Act 1993 Part 8 s 86 (b) Review Tribunal, the Director may appear and be heard, in person or by counsel,— (a) in any proceedings under this Part before the Human Rights Review Tribunal; and in relation to any proceedings that are or have been be­ fore the Human Rights Review Tribunal under this Part, in any proceedings in a District Court, the High Court, the Court of Appeal, or the Supreme Court.
(2) Where, pursuant to subsection (1) of this section, the Director of Human Rights Proceedings appears in any proceedings of a kind described in that subsection, he or she shall, unless those proceedings are by way of appeal, have the right— (a) To call evidence on any matter (including evidence in rebuttal) that should be taken into account in the pro­ ceedings: To examine, cross­examine, and re­examine wit­ nesses,— (b) but shall have no greater rights than parties to the proceed­ ings in respect of the calling of evidence or evidence in rebut­ tal, or in respect of the examination, cross­examination, and re­examination of witnesses.
(3) Where, pursuant to subsection (1) of this section, the Director of Human Rights Proceedings, not being a party to any pro­ ceedings before the Tribunal, appears in those proceedings or in any proceedings in any court in relation to those proceed­ ings, the Tribunal or the Court, as the case may be, may make such order as it thinks ﬁt— (a) As to the payment by any party to the proceedings be­ fore the Tribunal or the Court of the costs incurred by the Director of Human Rights Proceedings in so doing; or (b) As to the payment by the Director of Human Rights Pro­ ceedings of any costs incurred by any of the parties to the proceedings before the Tribunal or the Court by rea­ son of the appearance of the Director of Human Rights Proceedings.
(4) Costs ordered to be paid by the Director of Human Rights Pro­ ceedings shall be paid by the Privacy Commissioner.
75 Part 8 s 87 Privacy Act 1993 Reprinted as at 3 September 2007 (5) The Privacy Commissioner may appear and be heard in any proceedings in which the Director of Human Rights Proceed­ ings would be entitled to appear and be heard under this section but declines to do so, and, where the Privacy Commissioner so appears, the provisions of this section shall apply accordingly with all necessary modiﬁcations.
(6) Nothing in this section limits or affects— Section 85(2) of this Act; or (a) (b) Any power of a court to award costs in any proceedings to which the Director of Human Rights Proceedings is a party.

Compare: 1977 No 49 s 38A; 1983 No 56 s 13 Section 86 was amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “Human Rights” for the word “Complaints”, in each place where it occurs.
Section 86 was further amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96) by substituting the words “Director of Human Rights Proceedings” for the words “Proceedings Commissioner” in each place where they occur.

Subsection (1) was substituted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transitional and savings provisions.
Proof of exceptions Where, by any provision of the information privacy principles or of this Act or of a code of practice issued under section 46 or section 63 of this Act, conduct is excepted from conduct that is an interference with the privacy of an individual, the onus of proving the exception in any proceedings under this Part of this Act lies upon the defendant.
Compare: 1977 No 49 s 39 Damages In any proceedings under section 82 or section 83 of this Act, the Tribunal may award damages against the defendant for an interference with the privacy of an individual in respect of any one or more of the following: (a) Pecuniary loss suffered as a result of, and expenses rea­ sonably incurred by the aggrieved individual for the purpose of, the transaction or activity out of which the interference arose: 87 88 (1) 76 Reprinted as at 3 September 2007 Privacy Act 1993 Part 8 s 88 (b) (c) Loss of any beneﬁt, whether or not of a monetary kind, which the aggrieved individual might reasonably have been expected to obtain but for the interference: Humiliation, loss of dignity, and injury to the feelings of the aggrieved individual.
(1A) Subsection (1) applies subject to subpart 1 of Part 2 of the Prisoners’ and Victims’ Claims Act 2005.

(2) Damages recovered by the Director of Human Rights Proceed­ ings under this section shall be paid to the aggrieved individual on whose behalf the proceedings were brought or, if that in­ dividual is a minor who is not married or in a civil union or lacks the capacity to manage his or her own ﬁnancial affairs, in the discretion of the Director of Human Rights Proceedings to Public Trust.
(3) Where money is paid to Public Trust under subsection (2) of this section,— (a) (b) Section 12 of the Minors’ Contracts Act 1969 shall ap­ ply in the case of a minor who is not married or in a civil union; and Part 9A of the Protection of Personal and Property Rights Act 1988 shall apply in the case of an individual who lacks the capacity to manage his or her own ﬁnan­ cial affairs.
Compare: 1977 No 49 s 40; 1983 No 56 s 14; 1992 No 16 s 15(1) Subsection (1A) was inserted, as from 4 June 2005, by section 74 Prisoners’ and Victims’ Claims Act 2005 (2005 No 74).

Subsection (2) was amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96) by substituting the words “Director of Human Rights Proceedings” for the words “Proceedings Commissioner” in each place where they occur.
Subsection (2) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “the Public Trustee”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Subsection (2) was amended, as from 19 December 2002, by section 3(1) Pri­ vacy Amendment Act 2002 (2002 No 73) by substituting the words “lacks the capacity to manage his or her own ﬁnancial affairs” for the words “is not of full mental capacity” Subsection (2) was amended, as from 22 October 2003, by section 4 Privacy Amendment Act 2003 (2003 No 94) by omitting the words “by the Privacy Commissioner”.
77 Part 8 s 89 Privacy Act 1993 Reprinted as at 3 September 2007 Subsection (2) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “a minor who is not married or in a civil union” for the words “an unmarried minor”.

Subsection (3) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “the Public Trustee”.
See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

Subsection (3)(a) was amended, as from 26 April 2005, by section 7 Relation­ ships (Statutory References) Act 2005 (2005 No 3) by substituting the words “a minor who is not married or in a civil union” for the words “an unmarried minor”.
Subsection (3)(b) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Part 9A of the Protec­ tion of Personal and Property Rights Act 1988” for the words “Section 66 of the Public Trust Ofﬁce Act 1957”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Subsection (3) was amended, as from 19 December 2002, by section 3(2) Pri­ vacy Amendment Act 2002 (2002 No 73) by substituting the words “lacks the capacity to manage his or her own ﬁnancial affairs” for the words “is not of full mental capacity” Certain provisions of Human Rights Act 1993 to apply 92Q to 92W and Part 4 of the Human Rights Act 1993 shall apply, with such modiﬁcations as are necessary, in respect of proceedings under section 82 or section 83 of this Act as if they were proceedings under section 92B, or section 92E, or section 92H of that Act.
Section 89 was inserted, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82).

Section 89 was amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96) by substituting the words “92Q to 92W” for the words “sections 89 to 92”.
Section 89 was further amended, as from 1 January 2002, by section 71(1) Human Rights Amendment Act 2001 (2001 No 96) by substituting the words “section 92B, or section 92E, or section 92H of that Act” for the words “section 83 of that Act”.

Part 9 Proceedings of Commissioner Procedure Every investigation under Part 8 of this Act by the Commis­ sioner shall be conducted in private.
Subject to section 120 of this Act,— 89 90 (1) (2) 78 Reprinted as at 3 September 2007 Privacy Act 1993 Part 9 s 91 (3) 91 (1) (2) (3) (4) (a) (b) (c) (d) The Commissioner may hear or obtain information from such persons as the Commissioner thinks ﬁt: The Commissioner may make such inquiries as the Commissioner thinks ﬁt: It shall not be necessary for the Commissioner to hold any hearing: Subject to section 73(b) of this Act, no person shall be entitled as of right to be heard by the Commissioner.
Subject to the provisions of this Act, the Commissioner may regulate his or her procedure in such manner as he or she thinks ﬁt.

Compare: 1977 No 49 s 72 Evidence The Commissioner may summon before him or her and exam­ ine on oath any person who in the Commissioner’s opinion is able to give information relevant to an investigation being conducted by the Commissioner under Part 8 of this Act, or an inquiry being carried out by the Commissioner under section 13(1)(m) of this Act.
The Commissioner may administer an oath to any person sum­ moned pursuant to subsection (1) of this section.

Every examination by the Commissioner under subsection (1) of this section shall be deemed to be a judicial proceed­ ing within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).
The Commissioner may from time to time, by notice in writ­ ing, require any person who in the Commissioner’s opinion is able to give information relevant to an investigation being conducted by the Commissioner under Part 8 of this Act, or an inquiry being carried out by the Commissioner under sec­ tion 13(1)(m) of this Act, to furnish such information, and to produce such documents or things in the possession or under the control of that person, as in the opinion of the Commis­ sioner are relevant to the subject­matter of the investigation or inquiry.
(5) Where the attendance of any person is required by the Com­ missioner under this section, the person shall be entitled to the 79 Part 9 s 92 Privacy Act 1993 Reprinted as at 3 September 2007 same fees, allowances, and expenses as if the person were a witness in a court and, for the purpose,— (a) The provisions of any regulations in that behalf under the Summary Proceedings Act 1957 shall apply accord­ ingly; and The Commissioner shall have the powers of a court under any such regulations to ﬁx or disallow, in whole or in part, or to increase, any amounts payable under the regulations.
(b) 92 (1) (2) (3) Compare: 1977 No 49 s 73(1), (2), (7); 1991 No 126 ss 24, 26(5) Compliance with requirements of Commissioner This section applies in every case where, during the course of an investigation under Part 8 of this Act of any decision of any agency in relation to an information privacy request, the Commissioner, pursuant to any power conferred on the Commissioner by section 91 of this Act, requires that agency to furnish or produce to the Commissioner any information or document or thing which relates to that investigation.
In any case to which this section applies, the agency to which the requirement is made shall, subject to section 93 of this Act, as soon as reasonably practicable, and in no case later than 20 working days after the day on which the requirement is received by the agency, comply with the requirement.
If any agency (being a Department or a Minister or an organ­ isation) fails, within the time limit ﬁxed by subsection (2) of this section (or, where that time limit has been extended under section 93 of this Act, within that time limit as so extended), to comply with any requirement to which subsection (1) of this section applies, the Commissioner may report such failure to the Prime Minister.
Compare: 1982 No 156 s 29A(1), (6); 1987 No 8 s 17(3); 1987 No 174 s 29(1); 1991 No 126 s 25(1), (6) Extension of time limit 93 (1) Where any requirement to which section 92 of this Act applies is made to any agency, the agency may extend the time limit set out in subsection (2) of that section in respect of that re­ quirement if— 80 Reprinted as at 3 September 2007 Privacy Act 1993 Part 9 s 94 (c) (a) (b) The requirement relates to, or necessitates a search through, a large quantity of information or a large number of documents or things, and meeting the ori­ ginal time limit would unreasonably interfere with the operations of the agency; or Consultations necessary before the requirement can be complied with are such that the requirement cannot rea­ sonably be complied with within the original time limit; or The complexity of the issues raised by the requirement are such that the requirement cannot reasonably be com­ plied with within the original time limit.
(2) Any extension under subsection (1) of this section shall be for a reasonable period of time having regard to the circumstances.

The extension shall be effected by giving or posting notice of the extension to the Commissioner within 20 working days after the day on which the requirement is received.

The notice effecting the extension shall— Specify the period of the extension; and (a) (b) Give the reasons for the extension; and (c) Contain such other information as is necessary.
Compare: 1982 No 156 s 29A(2) to (5); 1987 No 8 s 17(3); 1987 No 174 s 29(2) to (5); 1991 No 126 s 25(2) to (4) (3) (4) 94 (1) Protection and privileges of witnesses, etc Except as provided in section 119 of this Act, every person shall have the same privileges in relation to the giving of in­ formation to, the answering of questions put by, and the pro­ duction of documents and things to, the Commissioner or any employee of the Commissioner as witnesses have in any court.
(1A) Nothing in subsection (1) prevents the Commissioner or any employee of the Commissioner from— (a) Requiring, under section 91, the furnishing of any in­ formation or the production of any document or thing which is the subject of a complaint under Part 8 and in respect of which privilege is claimed by any person; and Considering the information or inspecting any such document or thing— (b) 81 Part 9 s 94 Privacy Act 1993 Reprinted as at 3 September 2007 for the purpose of determining whether the information, docu­ ment, or thing would be properly withheld, but not so as to give the Commissioner or employee any information, or enable the Commissioner or employee to make any use of the informa­ tion, document, or thing, that he or she would not, apart from this subsection, be entitled to.
(1B) On the production of any information, document, or thing pur­ suant to subsection (1A), the Commissioner or any employee of the Commissioner— (a) Must not, without the consent of the producer of the in­ formation, document, or thing, and of any person who is the subject of the information, document, or thing, release the information, document, or thing, or any in­ formation derived from the document or thing, to any person other than— (i) The producer of the information, document, or thing; or (ii) Any barrister or solicitor engaged by the Com­ missioner for the purpose of providing legal ad­ vice as to whether the information, document, or thing would be properly withheld by that pro­ ducer under subsection (1); or (iii) Where the Commissioner gives his or her opin­ ion on the claim of privilege to the Director of Human Rights Proceedings under paragraph (b), to the Director of Human Rights Proceedings: (b) May give his or her opinion only to the parties to the complaint or to the Director of Human Rights Proceed­ ings or to the Human Rights Review Tribunal as to whether or not the claim of privilege is valid: Provided that nothing in this paragraph prevents the Commissioner or any employee of the Commissioner from releasing, either generally or to any particular per­ son, the opinion in a form that does not identify either the producer of the information, document, or thing or any person who is the subject of the information, docu­ ment, or thing: 82 Reprinted as at 3 September 2007 Privacy Act 1993 Part 9 s 95 (c) Must not take into account the information or any infor­ mation in the document or thing in forming any opinion concerning the release of any other information.
(2) No person shall be liable to prosecution for an offence against any enactment, other than section 127 of this Act, by reason of that person’s compliance with any requirement of the Com­ missioner or any employee of the Commissioner under section 91 of this Act.

Compare: 1975 No 9 s 19(5), (7); 1977 No 49 s 73(3), (6); 1991 No 126 s 26(1), (4) Subsections (1A) and (1B) were inserted, as from 17 September 1997, by sec­ tion 2 Privacy Amendment Act 1997 (1997 No 71).
Subsection (1B)(a)(iii) and (1B)(b) was amended, as from 22 October 2003, by section 5(1) Privacy Amendment Act 2003 (2003 No 94) by substituting the words “Director of Human Rights Proceedings” for the words “Proceedings Commissioner” in each place where they occur.

Subsection (1B)(b) was amended, as from 22 October 2003, by section 5(2) Pri­ vacy Amendment Act 2003 (2003 No 94) by substituting the words “Human Rights Review Tribunal” for the words “Complaints Review Tribunal”.
95 (1) (2) Disclosures of information, etc Subject to subsection (2) of this section and to section 94 of this Act, any person who is bound by the provisions of any en­ actment to maintain secrecy in relation to, or not to disclose, any matter may be required to supply any information to, or answer any question put by, the Commissioner in relation to that matter, or to produce to the Commissioner any document or thing relating to it, notwithstanding that compliance with that requirement would otherwise be in breach of the obliga­ tion of secrecy or non­disclosure.
Compliance with a requirement of the Commissioner (being a requirement made pursuant to subsection (1) of this section) is not a breach of the relevant obligation of secrecy or non­dis­ closure or of the enactment by which that obligation is im­ posed.
(3) Where— (a) The Prime Minister certiﬁes that the giving of any in­ formation, or the production of any document or thing, might prejudice— 83 Part 9 s 96 Privacy Act 1993 Reprinted as at 3 September 2007 (b) (i) The security or defence of New Zealand, or the international relations of the Government of New Zealand; or (ii) Any interest protected by section 7 of the Ofﬁcial Information Act 1982 (which relates to the Cook Islands, Niue, Tokelau, and the Ross Depend­ ency); or The Attorney­General certiﬁes that the giving of any information, or the production of any document or thing,— (i) Might prejudice the prevention, investigation, or detection of offences; or (ii) Might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or conﬁdential nature, and such disclosure would be injurious to the public interest,— neither the Commissioner nor any employee of the Commis­ sioner shall require the information to be given or, as the case may be, the document or thing to be produced.
Compare: 1975 No 9 ss 19(3), (4), 20(1); 1977 No 49 s 74; 1987 No 8 s 24(1); 1991 No 126 ss 26(2), (3), 27 96 (1) (2) Proceedings privileged This section applies to— (a) (b) The Commissioner; and Every person engaged or employed in connection with the work of the Commissioner.
Subject to subsection (3) of this section,— (a) (b) No person to whom this section applies shall be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions.
(3) Nothing in subsection (2) of this section applies in respect of proceedings for— (a) An offence against section 78 or section 78A(1) or sec­ tion 105 or section 105A or section 105B of the Crimes Act 1961; or 84 Reprinted as at 3 September 2007 Privacy Act 1993 Part 10 s 97 (b) The offence of conspiring to commit an offence against section 78 or section 78A(1) or section 105 or section 105A or section 105B of the Crimes Act 1961.
(4) Anything said or any information supplied or any document or thing produced by any person in the course of any inquiry by or proceedings before the Commissioner under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a court.
For the purposes of clause 3 of Part 2 of Schedule 1 to the Defamation Act 1992, any report made under this Act by the Commissioner shall be deemed to be an ofﬁcial report made by a person holding an inquiry under the authority of the Par­ liament of New Zealand.

Compare: 1975 No 9 s 26; 1982 No 164 s 5; 1991 No 126 s 29 (5) Subsection (2)(a) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Part 10 Information matching Interpretation 97 Interpretation In this Part of this Act, unless the context otherwise requires,— Adverse action means any action that may adversely affect the rights, beneﬁts, privileges, obligations, or interests of any speciﬁc individual; and, without limiting the generality of the foregoing, includes any decision— (a) (b) (c) (d) (e) To cancel or suspend any monetary payment: To refuse an application for a monetary payment: To alter the rate or amount of a monetary payment: To recover an overpayment of a monetary payment: To make an assessment of the amount of any tax, levy, or other charge, or of any contribution, that is payable by any individual, or to alter any such assessment: To investigate the possible commission of an offence: to deport the individual from New Zealand, or to revoke the individual’s permit or visa entitling the individual to enter or remain in New Zealand or to make or execute a removal order: (f) (g) 85 Part 10 s 97 Privacy Act 1993 Reprinted as at 3 September 2007 adverse action: paragraph (g) of this deﬁnition was inserted, as from 1 June 2005, by section 205(1) Corrections Act 2004 (2004 No 50).
See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Authorised information matching information in relation to any speciﬁed agency, means information that consists of or includes information disclosed pursuant to an information matching provision Authorised information matching programme means the comparison (whether manually or by means of any electronic or other device) of authorised information matching informa­ tion with other personal information for the purpose of produc­ ing or verifying information about an identiﬁable individual Discrepancy, in relation to an authorised information match­ ing programme, means a result of that programme that war­ rants the taking of further action by any agency for the purpose of giving effect to the objective of the programme Information matching programme means the comparison (whether manually or by means of any electronic or other device) of any document that contains personal information about 10 or more individuals with 1 or more other documents that contain personal information about 10 or more individu­ als, for the purpose of producing or verifying information that may be used for the purpose of taking adverse action against an identiﬁable individual Information matching provision means any provision spe­ ciﬁed in the second column of Schedule 3 to this Act as an information matching provision of an enactment speciﬁed in the ﬁrst column of that Schedule Information matching rules means the rules for the time be­ ing set out in Schedule 4 to this Act Monetary payment includes— (a) A beneﬁt within the meaning of section 3(1) of the Social Security Act 1964: (b) A lump sum payable under section 61DB or section (c) 61DC or section 61DD of that Act: Any special assistance granted out of the Crown Bank Account from money appropriated by Parliament under section 124(1)(d) or (da) of that Act: 86 Reprinted as at 3 September 2007 Privacy Act 1993 Part 10 s 97 (d) any monetary entitlement payable under Part 4, Part 10, or Part 11 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 Monetary payment: paragraph (d) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).
(b) (ba) (c) (d) (e) (f) Monetary Payment: paragraph (d) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
speciﬁed agency means any of the following agencies the Accident Compensation Corporation: (a) the Regulator, as deﬁned by Part 10 of the Injury (aa) Prevention, Rehabilitation, and Compensation Act 2001: the Chief Registrar of Electors: the company within the meaning of section 2(1) of the Housing Restructuring and Tenancy Matters Act 1992: the Department for Courts: the Department of Corrections: the Department of Labour: the department for the time being responsible for the administration of the Social Security Act 1964: the Housing New Zealand Corporation established (as the Housing Corporation of New Zealand) by section 3(1) of the Housing Corporation Act 1974: the Inland Revenue Department: (g) the Ministry of Transport: (ga) (gb) Land Transport New Zealand: (gc) (gd) the Department of Internal Affairs: the Registrar­General appointed under section 79(1) of the Births, Deaths, and Marriages Registration Act 1995: the New Zealand Customs Service: the Registrar of Motor Vehicle Traders: the Regulator, as deﬁned in the Accident Insurance Act 1998: any tertiary institution, secondary school, or private training establishment (as those terms are deﬁned in the Education Act 1989) to which section 226A or section (h) (ha) (i) (j) (fa) 87 Part 10 s 97 Privacy Act 1993 Reprinted as at 3 September 2007 238B of that Act applies, as from time to time notiﬁed to the Commissioner by the department for the time being responsible for the administration of the Social Security Act 1964. the Ministry of Education.
(k) Speciﬁed agency: paragraph (a) of this deﬁnition was substituted, and para­ graph (aa) inserted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).

Speciﬁed agency: paragraph (b) was substituted, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27).

Speciﬁed agency: paragraph (ba) was inserted, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39).
Speciﬁed agency: paragraph (c) was substituted, as from 1 October 1995, by section 10(3) Department of Justice (Restructuring) Act 1995 (1995 No 39).

Speciﬁed agency: paragraph (e) was substituted, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administra­ tion) Act 1998 (1998 No 96).

Speciﬁed agency: paragraph (h) was repealed, as from 3 September 1996, by section 5 Privacy Amendment Act 1996 (1996 No 142).
Speciﬁed agency: paragraph (h) was inserted, as from 1 October 1998, by sec­ tion 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Speciﬁed agency: this deﬁnition was substituted, as from 15 November 2000, by section 3(1) Privacy Amendment Act 2000 (2000 No 76).

Speciﬁed agency: paragraph (aa) of this deﬁnition was inserted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
Speciﬁed agency: paragraph (ba) of this deﬁnition was inserted, as from 1 July 2006, by section 8(1) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).

Speciﬁed agency: paragraph (fa) of this deﬁnition was inserted, as from 1 July 2006, by section 8(2) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).
Speciﬁed Agency: paragraphs (ga), (gb) and (gc) of this deﬁnition were in­ serted, as from 18 March 2002, by section 101(3) Electoral Amendment Act 2002 (2002 No 1).

speciﬁed agency: a new paragraph (ga) of this deﬁnition was proposed to be inserted, as from 15 December 2003, by section 145 Motor Vehicle Sales Act 2003 (2003 No 12).

speciﬁed agency: paragraph (gb) of this deﬁnition was substituted, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97).
See sections 20 to 22 of that Act as to the savings and transitional provisions.

speciﬁed agency: paragraph (gd) of this deﬁnition was inserted, as from 21 April 2005, by section 16 Citizenship Amendment Act 2005 (2005 No 43).

88 Reprinted as at 3 September 2007 Privacy Act 1993 Part 10 s 98 98 speciﬁed agency: paragraph (ha) of this deﬁnition was inserted, as from 15 December 2003, by section 145 Motor Vehicle Sales Act 2003 (2003 No 12).
Speciﬁed Agency: paragraph (k) of this deﬁnition was inserted, as from 1 February 2002, by section 83 Education Standards Act 2001 (2001 No 88).

See clause 2(1)(f) Education Standards Act Commencement Order 2001 (SR 2001/384).
Compare: 1991 No 126 s 2 Information matching guidelines Information matching guidelines The following matters are the matters referred to in section 13(1)(f) of this Act to which the Commissioner shall have particular regard, in examining any proposed legislation that makes provision for the collection of personal information by any public sector agency, or the disclosure of personal infor­ mation by one public sector agency to any other public sector agency, in any case where the Commissioner considers that the information might be used for the purposes of an information matching programme: (a) Whether or not the objective of the programme relates to a matter of signiﬁcant public importance: (b) Whether or not the use of the programme to achieve that objective will result in monetary savings that are both signiﬁcant and quantiﬁable, or in other comparable beneﬁts to society: (c) Whether or not the use of an alternative means of achieving that objective would give either of the results referred to in paragraph (b) of this section: (d) Whether or not the public interest in allowing the pro­ gramme to proceed outweighs the public interest in ad­ hering to the information privacy principles that the pro­ gramme would otherwise contravene: (e) Whether or not the programme involves information matching on a scale that is excessive, having regard to— The number of agencies that will be involved in (i) the programme; and The amount of detail about an individual that will be matched under the programme: (f) Whether or not the programme will comply with the (ii) information matching rules.
89 Part 10 s 99 Privacy Act 1993 Reprinted as at 3 September 2007 Authorised information matching programmes Information matching agreements 99 (1) No personal information held by any speciﬁed agency shall be disclosed, pursuant to an information matching provision, to any other speciﬁed agency for the purposes of an authorised information matching programme except pursuant to a written agreement between those agencies.
Every such agreement shall incorporate provisions that reﬂect the information matching rules, or provisions that are no less onerous than those rules, and the agencies that are parties to the agreement shall comply with those provisions.

(2) (3) Any such agreement may provide that the agencies involved in the information matching programme may charge each other fees for the services provided for the purposes of the pro­ gramme.
The parties to an agreement entered into pursuant to this sec­ tion shall ensure that a copy of the agreement, and of any amendments subsequently made to such an agreement, are for­ warded to the Commissioner forthwith.
Compare: 1991 No 126 s 14 (4) 100 Use of results of information matching programme (1) Subject to any other enactment or rule of law that limits or re­ stricts the information that may be taken into account in taking adverse action against an individual, any speciﬁed agency that is involved in an authorised information matching programme may take adverse action against an individual on the basis of any discrepancy produced by that programme.
(2) Nothing in subsection (1) of this section shall be taken to limit or restrict the use that may lawfully be made, by any speciﬁed agency, of any information produced by an authorised infor­ mation matching programme.
Compare: 1991 No 126 s 15; Data­matching Program (Assistance and Tax) Act 1990 (Aust), s 10(1) 101 Further provisions relating to results of information matching programme (1) Notwithstanding anything in section 100 of this Act, where— 90 Reprinted as at 3 September 2007 Privacy Act 1993 Part 10 s 102 (a) A speciﬁed agency derives or receives information produced by an authorised information matching pro­ gramme; and (b) As a result of deriving or receiving that information, the agency becomes aware of a discrepancy,— that agency shall destroy that information not later than the ex­ piration of the period of 60 working days after the agency be­ comes aware of that discrepancy unless, before the expiration of that period, the agency has considered that information and made a decision to take adverse action against any individual on the basis of that discrepancy.
(2) Any adverse action commenced by a speciﬁed agency in ac­ cordance with subsection (1) of this section shall be com­ menced not later than 12 months from the date on which the information was derived or received by the agency.

(3) Where a speciﬁed agency decides not to take adverse action against any individual on the basis of information produced by an authorised information matching programme, the agency shall as soon as practicable destroy the information.
(4) When information produced by an authorised information matching programme is no longer needed by a speciﬁed agency for the purposes of taking any adverse action against any individual, the agency shall as soon as practicable destroy the information.

(5) Nothing in this section applies in relation to the Inland Rev­ enue Department.
Compare: 1991 No 126 s 16; Data­matching Program (Assistance and Tax) Act 1990 (Aust), s 10(2), (3) 102 Extension of time limit Where a speciﬁed agency derives or receives information pro­ duced by an authorised information matching programme, the Commissioner may, either generally or in respect of any case or class of cases, extend the time limit set out in section 101 of this Act in respect of that information if the Commissioner is satisﬁed that,— (a) Because of the large quantity of information so derived or received by the agency; or Because of the complexity of the issues involved; or (b) 91 Part 10 s 103 Privacy Act 1993 Reprinted as at 3 September 2007 For any other reason,— (c) the agency cannot reasonably be required to meet the time limit.
Compare: 1991 No 126 s 17; Data­matching Program (Assistance and Tax) Act 1990 (Aust), s 10(3) 103 Notice of adverse action proposed (1) Subject to subsections (1A) to (2A) of this section, a speciﬁed agency shall not take adverse action against any individual on the basis (whether wholly or in part) of a discrepancy produced by an authorised information matching programme— (a) Unless that agency has given that individual written no­ tice— (i) Specifying particulars of the discrepancy and of the adverse action that it proposes to take; and Stating that the individual has 5 working days from the receipt of the notice in which to show cause why the action should not be taken; and (ii) (b) Until the expiration of those 5 working days.
(1A) Nothing in subsection (1) of this section shall prevent the de­ partment for the time being responsible for the administration of the Social Security Act 1964 from immediately suspend­ ing a sickness, training, unemployment, independent youth, or emergency beneﬁt, or a job search allowance, paid to an in­ dividual where the discrepancy arises in respect of departure information supplied to that Department pursuant to section 280 of the Customs and Excise Act 1996, and where, before or immediately after the decision to suspend, the Department gives the individual written notice— (a) Specifying particulars of the discrepancy and the sus­ pension of beneﬁt, and any other adverse action the De­ partment proposes to take; and Stating that the individual has 5 working days from the receipt of the notice to show cause why the beneﬁt ought not to have been suspended or why the adverse action should not be taken, or both— (b) and the adverse action shall not be taken until the expiration of those 5 working days.
92 Reprinted as at 3 September 2007 Privacy Act 1993 Part 10 s 103 (1B) Nothing in subsection (1) prevents the Commissioner of In­ land Revenue from immediately suspending payment to an in­ dividual of all or part of an interim instalment of a credit of tax under subpart KD of the Income Tax Act 2004 when a discrep­ ancy is identiﬁed in information supplied to the Commissioner under section 85G of the Tax Administration Act 1994 if, be­ fore or immediately after the decision to suspend, the Com­ missioner gives a written notice to the individual that— (a) (b) provides details of the discrepancy and the suspension of payment of the credit of tax and any other adverse action which the Commissioner proposes to take; and states that the individual has 5 working days from the receipt of the notice to show cause why payment of the credit of tax ought not to have been suspended or why the adverse action should not be taken, or both— and the other adverse action must not be taken until expiration of those 5 working days.
(2) Nothing in subsection (1) or subsection (1A) or subsection (1B) of this section prevents an agency from taking adverse ac­ tion against an individual if compliance with the requirements of that subsection would prejudice any investigation into the commission of an offence or the possible commission of an offence.
(2A) Nothing in subsection (1) prevents any sworn member of the police or any bailiff from immediately executing a warrant to arrest an individual in respect of the non­payment of the whole or any part of a ﬁne if the discrepancy arises in respect of arrival and departure information supplied under section 280D of the Customs and Excise Act 1996 and if, before exe­ cuting the warrant, the individual concerned is— (a) (b) informed of the intention to execute the warrant; and given an opportunity to conﬁrm— (i) (ii) whether or not he or she is the individual named in the warrant; and that neither of the following circumstances ap­ plies: (A) (B) the ﬁne has been paid: an arrangement to pay the ﬁne over time has been entered into.
93 Part 10 s 103 Privacy Act 1993 Reprinted as at 3 September 2007 Every notice required to be given to any individual under sub­ section (1) or subsection (1A) or subsection (1B) of this sec­ tion may be given by delivering it to that individual, and may be delivered— (a) (b) Personally; or By leaving it at that individual’s usual or last known place of residence or business or at the address speciﬁed by that individual in any application or other document received from that individual; or By posting it in a letter addressed to that individual at that place of residence or business or at that address.
(c) If any such notice is sent to any individual by post, then in the absence of proof to the contrary, the notice shall be deemed to have been delivered to that individual on the fourth day after the day on which it was posted, and in proving the delivery it shall be sufﬁcient to prove that the letter was properly ad­ dressed and posted.
In this section,— bailiff means a bailiff of the District Court or of the High Court ﬁne means— (a) a ﬁne within the meaning of section 79 of the Summary Proceedings Act 1957 or an amount of reparation: a ﬁne or other sum of money to which any of sections 19 to 19E of the Crimes Act 1961 applies: a ﬁne to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 applies (b) (c) reparation means— (a) (b) any amount that is required to be paid under a sentence of reparation; or any amount that is required to be paid under any order of reparation as deﬁned in section 145D of the Sentencing Act 2002.
Compare: 1991 No 126 s 18; 5 USC 552a(p)(3), (4); Data­matching Program (Assistance and Tax) Act 1990 (Aust), s 11 Subsection (1) was amended, as from 30 June 1993, by section 2 Privacy Amendment Act 1993 (1993 No 59) by substituting the expression “subsec­ tions (1A) and (2)” for the expression “subsection (2)”.
Subsection (1) was amended, as from 1 April 2005, by section 24(1) Taxation (Working for Families) Act 2004 (2004 No 52) by substituting the words “sub­ sections (1A), (1B), and (2)” for the words “subsections (1A) and (2)”.
(3) (4) (5) 94 Reprinted as at 3 September 2007 Privacy Act 1993 Part 10 s 104 Subsection (1) was amended, as from 10 April 2006, by section 4(1) Privacy Amendment Act 2006 (2006 No 11) by substituting the words “subsections (1A) to (2A)” for the words “subsections (1A), (1B), and (2)”.

Subsection (1A) was inserted, as from 30 June 1993, by section 2 Privacy Amendment Act 1993 (1993 No 59).
Subsection (1A) was amended, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27), by substituting the words “section 280 of the Customs and Excise Act 1996” for the words “section 305B of the Customs Act 1966”.
Subsection (1A) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96), by substituting the words “department for the time being responsible for the administration of the Social Security Act 1964” for the words “Depart­ ment of Social Welfare”.

Subsection (1B) was inserted, as from 1 April 2005, by section 24(2) Taxation (Working for Families) Act 2004 (2004 No 52).
Subsection (2) was amended, as from 30 June 1993, by section 2 Privacy Amendment Act 1993 (1993 No 59) by inserting the expression “or subsection (1A)” after the expression “subsection (1)”.

Subsection (2) was amended, as from 1 April 2005, by section 24(3) Taxation (Working for Families) Act 2004 (2004 No 52) by inserting the words “or sub­ section (1B)” after the expression “subsection (1A)”.

Subsection (2A) was inserted, as from 10 April 2006, by section 4(2) Privacy Amendment Act 2006 (2006 No 11).
Subsection (3) was amended, as from 30 June 1993, by section 2 Privacy Amendment Act 1993 (1993 No 59) by inserting the expression “or subsection (1A)” after the expression “subsection (1)”.

Subsection (3) was amended, as from 1 April 2005, by section 24(4) Taxation (Working for Families) Act 2004 (2004 No 52) by inserting the words “or sub­ section (1B)” after the expression “subsection (1A)” where they occur in the words preceding paragraph (a).
Subsection (5) was inserted, as from the 10 April 2006, by section 4(3) Privacy Amendment Act 2006 (2006 No 11).

104 Reporting requirements (1) Every speciﬁed agency that is involved in an authorised infor­ mation matching programme shall make such reports to the Commissioner in respect of that programme as the Commis­ sioner may from time to time require.
(2) Without limiting the generality of subsection (1) of this sec­ tion, the matters on which the Commissioner may require any agency to submit a report include the following: (a) The actual costs and beneﬁts of an authorised informa­ tion matching programme: 95 Part 10 s 105 Privacy Act 1993 Reprinted as at 3 September 2007 (b) Any difﬁculties experienced in the operation of an authorised information matching programme, and how those difﬁculties are being, or have been, overcome: (c) Whether or not internal audits or other forms of assess­ ment are undertaken by an agency in relation to an au­ thorised information matching programme, and, if so, the results of those audits or assessments: (d) Where an agency dispenses with the giving of notice under section 103 of this Act, the reasons why such a dispensation is made, and the grounds in support of those reasons: The details of the operation of an authorised informa­ tion matching programme, including— (i) (ii) The number of matches undertaken: The proportion of matches that revealed discrep­ ancies in information involved in the matching: (e) (iii) The number of discrepancies so revealed: (iv) The proportion of cases in which action was (v) taken as a result of such discrepancies: The number of cases in which such action was taken: (vi) The number of cases in which such action was taken even though the accuracy of the discrep­ ancy was challenged: (vii) The proportion of cases in which such action did not proceed after the individual concerned was notiﬁed of the discrepancy: (viii) The number of cases in which action taken as a result of a discrepancy was successful: (f) Such other matters as the Commissioner considers rele­ vant.
Compare: 1991 No 126 s 19; Data­matching Program (Assistance and Tax) Act 1990 (Aust), clause 9 of Schedule Information matching programmes to be reported on in annual report The Commissioner shall include in every annual report of the Commissioner under section 150 of the Crown Entities Act 2004, in relation to each authorised information matching pro­ 105 (1) 96 Reprinted as at 3 September 2007 Privacy Act 1993 Part 10 s 106 gramme that is carried out (in whole or in part) during the year to which the report relates,— (a) (b) An assessment of the extent of the programme’s com­ An outline of the programme; and (c) (d) Sections 99 to 103 of this Act; and The information matching rules; and pliance, during that year, with— (i) (ii) The details of each extension granted under section 102 of this Act, the reasons why the extension was granted, and the grounds in support of those reasons; and The details of each approval given, during that year, under clause 3 of Schedule 4 to this Act, the reasons why the approval was given, and the grounds in support of those reasons.
(2) Nothing in subsection (1) of this section requires the Com­ missioner to include in any annual report, in respect of any authorised information matching programme, any information the disclosure of which would be likely to frustrate the object­ ive of the programme.

For the purposes of carrying out any assessment required by subsection (1)(b) of this section, Part 9 of this Act shall apply, with such modiﬁcations as are necessary, as if the assessment were an investigation under Part 8 of this Act.
Compare: 1991 No 126 s 20; Data­matching Program (Assistance and Tax) Act 1990 (Aust), clause 10(1) of Schedule (3) Subsection (1) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by inserting the words “under section 150 of the Crown Entities Act 2004” after the words “of the Commissioner”.
106 Review of statutory authorities for information matching (1) As soon as practicable after the 1st day of January 1994, and then at intervals of not more than 5 years, the Commissioner shall— (a) Review the operation of every information matching provision since— (i) The 19th day of December 1991 (in the case of the ﬁrst review carried out under this paragraph); or 97 Part 10 s 107 Privacy Act 1993 Reprinted as at 3 September 2007 (b) (ii) The date of the last review carried out under this paragraph (in the case of every subsequent re­ view); and Consider whether or not, in the Commissioner’s opin­ ion,— (i) The authority conferred by the information matching provision should be continued; and (ii) Any amendments to the provision are necessary or desirable; and (c) Report the Commissioner’s ﬁndings to the responsible Minister.
(2) As soon as practicable after receiving a report from the Com­ missioner under subsection (1)(c) of this section, the respon­ sible Minister shall lay a copy of that report before the House of Representatives.

Compare: 1991 No 126 s 21 107 Amendment of information matching rules (1) For the purposes of this Part of this Act, the Governor­Gen­ eral may from time to time, by Order in Council, make such amendments to Schedule 4 to this Act as the Governor­Gen­ eral thinks ﬁt.
The power conferred by subsection (1) of this section includes the power to revoke Schedule 4 to this Act and substitute a new Schedule.

(2) (3) No order that amends Schedule 4 to this Act shall be made otherwise than in accordance with the recommendations of the Commissioner.
Avoidance of controls on information matching 108 Avoidance of controls on information matching through use of exceptions to information privacy principles Where the collection or disclosure of information is authorised by an information matching provision, nothing in subclause (2)(d)(i) of principle 2 or paragraph (e)(i) of principle 11 au­ thorises or permits the collection or disclosure of that informa­ tion for the purposes of— (a) Any authorised information matching programme; or 98 Reprinted as at 3 September 2007 Privacy Act 1993 Part 11 s 111 (b) Any information matching programme the objective of which is similar in nature to any authorised information matching programme.
109 Avoidance of controls on information matching through use of ofﬁcial information statutes Notwithstanding anything in the Ofﬁcial Information Act 1982 or the Local Government Ofﬁcial Information and Meetings Act 1987, no public sector agency shall disclose pursuant to either of those enactments, to any other public sector agency, any personal information if the sole or principal purpose for which that information is sought is for use in an information matching programme.
110 Part 11 Law enforcement information Interpretation In this Part of this Act, unless the context otherwise requires,— Accessing agency means any public sector agency for the time being speciﬁed in Schedule 5 to this Act as an agency to which law enforcement information held by a holder agency is avail­ able Holder agency means any public sector agency for the time being speciﬁed in Schedule 5 to this Act as an agency the records of which are available to an accessing agency or agen­ cies Law enforcement information means any information that— (a) (b) Local authority means a local authority or public body named or speciﬁed in Schedule 1 or Schedule 2 to the Local Government Ofﬁcial Information and Meetings Act 1987.
Is about an identiﬁable individual; and Is speciﬁed in Schedule 5 to this Act: 111 Access by accessing agencies to law enforcement information An accessing agency may have access to law enforcement in­ formation held by a holder agency if such access is authorised by the provisions of Schedule 5 to this Act.
99 Part 11 s 112 Privacy Act 1993 Reprinted as at 3 September 2007 112 Local authorities may be authorised to have access to law (1) enforcement information The responsible Minister may from time to time, by notice in the Gazette, authorise any local authority to have access to law enforcement information held by a holder agency, where access to that information by a local authority is permitted by the provisions of Schedule 5 to this Act.
(2) Any authority may be granted under subsection (1) of this sec­ tion subject to such terms and conditions as the responsible Minister thinks ﬁt and speciﬁes in the notice.

(3) Any notice under subsection (1) of this section may be in like manner amended or revoked at any time.

(4) Any notice given under section 4E of the Wanganui Computer Centre Act 1976 and in force immediately before the com­ mencement of this section shall be deemed to have been given under this section.
Compare: 1976 No 19 s 4E; 1989 No 5 s 3 113 Amendment of Schedule 5 [Expired] The original section 113 expired as from 1 July 1996.

See section 114 of this Act as to the savings provisions.

A new section 113 was inserted, as from 3 September 1996, by section 6(1) Privacy Amendment Act 1996 (1996 No 142).

Section 113 expired, as from 1 July 1997, pursuant to section 114 of this Act.
114 Expiry of power to amend Schedule 5 by Order in Council Section 113 of this Act shall expire on the 1st day of July 1997, but the expiration of that section shall not affect the validity of any Order in Council that has been made under that section and that is in force immediately before that date.

Section 114 was amended, as from 3 September 1996, by section 6(2) Privacy Amendment Act 1996 (1996 No 142) by substituting the expression “1997” for the expression “1996”.
100 Reprinted as at 3 September 2007 Privacy Act 1993 Part 12 s 116 Part 12 Miscellaneous provisions General 115 Protection against certain actions (1) Where any personal information is made available in good faith pursuant to principle 6,— (a) No proceedings, civil or criminal, shall lie against the Crown or any other person in respect of the making available of that information, or for any consequences that follow from the making available of that informa­ tion; and (b) No proceedings, civil or criminal, in respect of any pub­ lication involved in, or resulting from, the making avail­ able of that information shall lie against the author of the information or any other person by reason of that author or other person having supplied the information to an agency.
The making available of, or the giving of access to, any per­ sonal information in consequence of a request made under principle 6 shall not be taken, for the purposes of the law re­ lating to defamation or breach of conﬁdence or infringement of copyright, to constitute an authorisation or approval of the publication of the document or of its contents by the individual to whom the information is made available or the access is given.
Compare: 1982 No 156 s 48; 1987 No 8 s 21; 1987 No 174 s 41 (2) 116 Commissioner and staff to maintain secrecy (1) Every person to whom section 96 of this Act applies shall maintain secrecy in respect of all matters that come to that person’s knowledge in the exercise of that person’s functions under this Act.
(2) Notwithstanding anything in subsection (1) of this section, the Commissioner may disclose such matters as in the Commis­ sioner’s opinion ought to be disclosed for the purposes of giv­ ing effect to this Act.
Except where it is necessary to do so for the purposes of re­ ferring a matter to the Director of Human Rights Proceedings (3) 101 Part 12 s 117 Privacy Act 1993 Reprinted as at 3 September 2007 pursuant to section 77(2) of this Act, the power conferred by subsection (2) of this section shall not extend to— (a) Any matter that might prejudice— (i) The security, defence, or international relations of New Zealand (including New Zealand’s rela­ tions with the government of any other country or with any international organisation); or (ii) Any interest protected by section 7 of the Ofﬁcial Information Act 1982; or (iii) The prevention, investigation, or detection of of­ fences; or (b) Any matter that might involve the disclosure of the de­ (c) liberations of Cabinet; or Any information, answer, document, or thing obtained by the Commissioner by reason only of compliance with a requirement made pursuant to section 95(1) of this Act.
Compare: 1975 No 9 s 21(2), (4), (5); 1987 No 8 s 24(2); 1991 No 126 s 30 Subsection (3) was amended, as from 22 October 2003, by section 6 Privacy Amendment Act 2003 (2003 No 94) by substituting the words “Director of Human Rights Proceedings” for the words “Proceedings Commissioner”.
117 Consultation with Ombudsmen Notwithstanding anything in section 116 of this Act, the Com­ missioner may from time to time undertake consultation with an Ombudsman in relation to any matter relating to the func­ tions of the Commissioner under this Act, including (without limitation) consultation— (a) For the purposes of making a determination under sec­ tion 72 of this Act: In relation to any matter arising out of or in the course of an investigation under Part 8 of this Act: In relation to any matter relating to privacy, whether or not the matter arises out of a particular complaint made under Part 8 of this Act,— (b) (c) and, for the purposes of any such consultation, the Commis­ sioner may disclose to an Ombudsman such information as the Commissioner considers necessary for that purpose.
102 Reprinted as at 3 September 2007 Privacy Act 1993 Part 12 s 117B Section 117 was amended, as from 21 October 1994, by section 81(2) Health and Disability Commissioner Act 1994 (1994 No 88) by omitting the words “Part 8 of”.
117A Consultation with Health and Disability Commissioner Notwithstanding anything in section 116 of this Act, the Com­ missioner may from time to time undertake consultation with the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994 in relation to any matter relating to the functions of the Commissioner under this Act, including (without limitation) consultation— (a) For the purposes of making a determination under sec­ tion 72A of this Act: In relation to any matter arising out of or in the course of an investigation under Part 8 of this Act: In relation to any matter that is within the jurisdiction of the Health and Disability Commissioner, whether or not the matter arises out of a particular complaint made under Part 8 of this Act,— (b) (c) and, for the purposes of any such consultation, the Commis­ sioner may disclose to the Health and Disability Commis­ sioner such information as the Commissioner considers neces­ sary for that purpose.
Section 117A was inserted, as from 1 July 1996, by section 81(3) Health and Disability Commissioner Act 1994 (1994 No 88).

See clause 2 Health and Disability Commissioner Act Commencement Order 1996 (SR 1996/79).
117B Consultation with Inspector­General of Intelligence and Security Notwithstanding anything in section 116 of this Act, the Com­ missioner may from time to time undertake consultation with the Inspector­General of Intelligence and Security under the Inspector­General of the Intelligence and Security Act 1996 in relation to any matter relating to the functions of the Commis­ sioner under this Act, including (without limitation) consult­ ation— (a) For the purposes of making a determination under sec­ tion 72B of this Act: In relation to any matter arising out of or in the course of an investigation under Part 8 of this Act: (b) 103 Part 12 s 118 Privacy Act 1993 Reprinted as at 3 September 2007 (c) In relation to any matter that is within the jurisdiction of the Inspector­General of Intelligence and Security, whether or not the matter arises out of a particular com­ plaint made under Part 8 of this Act,— and, for the purposes of any such consultation, the Commis­ sioner may disclose to the Inspector­General of Intelligence and Security such information as the Commissioner considers necessary for that purpose.
Section 117B was inserted, as from 2 July 1996, by section 33 Inspector­General of Intelligence and Security Act 1996 (1996 No 47).

118 Corrupt use of ofﬁcial information [Repealed] Section 118 was repealed, as from 25 January 2005, by section 200 Crown En­ tities Act 2004 (2004 No 115).
119 Exclusion of public interest immunity (1) Subject to subsection (2) of this section, the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclos­ ure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of— Any investigation by or proceedings before the Com­ (a) missioner or the Tribunal under this Act; or (b) Any application under section 4(1) of the Judicature Amendment Act 1972 for the review of any decision under this Act;— but not so as to give any party any information that he or she would not, apart from this section, be entitled to.
(2) Nothing in subsection (1) of this section affects section 32 of this Act.

Compare: 1982 No 156 s 11; 1987 No 174 s 9; 1991 No 126 s 28 120 Adverse comment The Commissioner shall not, in any report or statement made pursuant to this Act or the Crown Entities Act 2004, make any comment that is adverse to any person unless that person has been given an opportunity to be heard.
Compare: 1977 No 49 s 78(2); 1991 No 126 s 32 104 Reprinted as at 3 September 2007 Privacy Act 1993 Part 12 s 124 Section 120 was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by inserting the words “or the Crown Entities Act 2004” after the words “this Act”.

Delegations 121 Delegation of functions or powers of Commissioner [Repealed] Sections 121 to 123 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
See section 73 of that Act for continued power to delegate and section 192 of that Act allowing existing delegations to continue.

122 Delegate to produce evidence of authority [Repealed] Sections 121 to 123 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

See section 73 of that Act for continued power to delegate and section 192 of that Act allowing existing delegations to continue.
123 Revocation of delegations [Repealed] Sections 121 to 123 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

See section 73 of that Act for continued power to delegate and section 192 of that Act allowing existing delegations to continue.
124 Delegation of powers by local authority (1) A local authority may from time to time, either generally or particularly, delegate to any ofﬁcer or employee of the local authority all or any of the powers of the local authority under this Act.
Subject to any general or special directions given or condi­ tions attached by the local authority, the ofﬁcer or employee to whom any powers are delegated under this section may ex­ ercise those powers in the same manner and with the same ef­ fect as if they had been conferred on that ofﬁcer or employee directly by this section and not by delegation.

(2) (3) Until a delegation made under this section is revoked, it shall continue in force according to its tenor.
(4) Where a person purports to act pursuant to a delegation made under this section, that person shall be presumed to be acting 105 Part 12 s 125 Privacy Act 1993 Reprinted as at 3 September 2007 in accordance with the terms of the delegation in the absence of proof to the contrary.

(5) Any delegation under this section may be made to a speciﬁed ofﬁcer or employee, or may be made to the holder for the time being of a speciﬁed ofﬁce.
Every delegation made under this section shall be revocable at will and no such delegation shall prevent the exercise of any power by the local authority.
Compare: 1974 No 66 s 715; 1979 No 59 s 2; 1987 No 174 s 42 (6) 125 Delegation of powers by ofﬁcers of local authority (1) Any ofﬁcer or employee of a local authority may from time to time, by writing under that ofﬁcer’s or employee’s hand, either generally or particularly, delegate to any other ofﬁcer or employee of the local authority all or any of the powers exercisable by the ﬁrst­mentioned ofﬁcer or employee under this Act, except— (a) (b) Any power delegated to that ofﬁcer or employee by a local authority pursuant to section 124 of this Act, un­ less that delegation authorises that ofﬁcer or employee to delegate that power to other ofﬁcers or employees pursuant to this section.
The power to delegate under this section; and (2) Subject to any general or special directions given or conditions attached by the ofﬁcer or employee making the delegation, the ofﬁcer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on that ofﬁ­ cer or employee directly by this section and not by delegation.
(3) Until a delegation made under this section is revoked, it shall continue in force according to its tenor; and, in the event of the ofﬁcer or employee by whom any such delegation has been made ceasing to hold ofﬁce, the delegation shall continue to have effect as if made by the person for the time being holding the ofﬁce of the ofﬁcer or employee making the delegation.
(4) Any delegation under this section may be made to a speciﬁed ofﬁcer or employee, or may be made to the holder for the time being of any speciﬁed ofﬁce.

106 Reprinted as at 3 September 2007 Privacy Act 1993 Part 12 s 127 (5) Where any ofﬁcer or employee purports to act pursuant to a delegation made under this section, that ofﬁcer or employee shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
Every delegation made under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the ofﬁcer or employee making the delegation.
Compare: 1974 No 66 s 716; 1979 No 59 s 2; 1987 No 174 s 43 (6) Liability and offences 126 Liability of employer and principals (1) Subject to subsection (4) of this section, anything done or omitted by a person as the employee of another person shall, for the purposes of this Act, be treated as done or omitted by that other person as well as by the ﬁrst­mentioned person, whether or not it was done with that other person’s knowledge or approval.
(2) Anything done or omitted by a person as the agent of another person shall, for the purposes of this Act, be treated as done or omitted by that other person as well as by the ﬁrst­mentioned person, unless it is done or omitted without that other person’s express or implied authority, precedent or subsequent.
(3) Anything done or omitted by a person as a member of any agency shall, for the purposes of this Act, be treated as done or omitted by that agency as well as by the ﬁrst­mentioned per­ son, unless it is done or omitted without that agency’s express or implied authority, precedent or subsequent.
In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she or it took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing as an employee of that person acts of that description.
Compare: 1977 No 49 s 33 (4) 127 Offences Every person commits an offence against this Act and is liable on summary conviction to a ﬁne not exceeding $2,000 who,— 107 Part 12 s 128 Privacy Act 1993 Reprinted as at 3 September 2007 (a) Without reasonable excuse, obstructs, hinders, or resists the Commissioner or any other person in the exercise of their powers under this Act: (b) Without reasonable excuse, refuses or fails to comply with any lawful requirement of the Commissioner or any other person under this Act: (c) Makes any statement or gives any information to the Commissioner or any other person exercising powers under this Act, knowing that the statement or informa­ tion is false or misleading: Represents directly or indirectly that he or she holds any authority under this Act when he or she does not hold that authority.
(d) Compare: 1975 No 9 s 30; 1991 No 126 s 35 128 Regulations Regulations The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) Providing the procedure for the service of notices and documents under this Act: Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(b) Amendments, repeals, and revocations 129 Amendments, repeals, and revocations (1) The enactments speciﬁed in Schedule 6 to this Act are hereby amended in the manner indicated in that Schedule.

The enactments speciﬁed in Schedule 7 to this Act are hereby repealed.

The orders speciﬁed in Schedule 8 to this Act are hereby re­ voked.
(2) (3) 108 Reprinted as at 3 September 2007 Privacy Act 1993 Part 12 s 132 Transitional provisions and savings 130 Final report of Wanganui Computer Centre Privacy Commissioner (1) As soon as reasonably practicable after the 1st day of July 1993, the State Services Commissioner shall arrange for a ﬁ­ nal report of the Wanganui Computer Centre Privacy Com­ missioner to be sent to the Minister of State Services showing the Wanganui Computer Centre Privacy Commissioner’s op­ erations for the ﬁnancial period ending with the close of the 30th day of June 1993, and shall attach to the report a copy of the Wanganui Computer Centre Privacy Commissioner’s ac­ counts for that period certiﬁed by the Audit Ofﬁce.
(2) A copy of the report and accounts shall be laid before the House of Representatives as soon as practicable after their re­ ceipt by the Minister of State Services.
131 Privacy Commissioner to complete work in progress of Wanganui Computer Centre Privacy Commissioner Where— (a) Any request made under section 14(1) of the Wanganui Computer Centre Act 1976; or (b) Any complaint made under section 15 of that Act— is pending at the commencement of this section, then, notwith­ standing the repeal of that Act by section 129(2) of this Act,— The Commissioner may deal with that request or, as (c) the case requires, that complaint as if the Commissioner were the Wanganui Computer Centre Privacy Commis­ sioner under that Act; and That Act shall continue and be in force for that purpose.
(d) 132 Savings For the avoidance of doubt, and without limiting the provi­ sions of the Acts Interpretation Act 1924, it is hereby declared that the repeal, by section 129(2) of this Act, of the Wanganui Computer Centre Act 1976 shall not affect— (a) The continued existence of the Wanganui Computer Centre continued by section 3(1) of that Act; or The computer system established in connection with that computer centre; or (b) 109 Part 12 s 133 Privacy Act 1993 Reprinted as at 3 September 2007 (c) Any agreements or arrangements entered into by the Minister of State Services pursuant to section 3A of that Act.
133 Transitional provision The person who, immediately before the commencement of this section, was holding ofﬁce as the Privacy Commissioner under the Privacy Commissioner Act 1991 shall, without fur­ ther appointment, be deemed as from the commencement of this section for all purposes to have been appointed as the Pri­ vacy Commissioner under this Act, and that person’s instru­ ment of appointment shall be construed accordingly.
Schedule 1 Provisions applying in respect of Commissioner Section 25 Employment of experts [Repealed] Clauses 1 to 3 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Staff [Repealed] Subclause (5) was substituted, as from 2 October 2000, by section 240 Employ­ ment Relations Act 2000 (2000 No 24).

Clauses 1 to 3 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Salaries and allowances [Repealed] Clause 3 was amended, as from 1 April 2003, by section 4(1) Remuneration Au­ thority (Members of Parliament) Amendment Act 2002 (2002 No 54) by sub­ stituting the words “Remuneration Authority” for the words “Higher Salaries Commission” in every place where they appear.

Clauses 1 to 3 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
1 2 3 110 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 1 4 (1) Superannuation or retiring allowances For the purpose of providing superannuation or retiring al­ lowances for the Commissioner or Deputy Commissioner, the Commissioner may, out of the funds of the Commissioner, make payments to or subsidise any superannuation scheme that is registered under the Superannuation Schemes Act 1989.
(2) Notwithstanding anything in this Act, any person who, im­ mediately before being appointed as the Commissioner or the Deputy Commissioner or, as the case may be, becoming an employee of the Commissioner, is a contributor to the Gov­ ernment Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 shall be deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold ofﬁce as the Commissioner or the Deputy Commissioner or, as the case may be, to be an em­ ployee of the Commissioner; and that Act shall apply to that person in all respects as if that person’s service as the Com­ missioner or the Deputy Commissioner or, as the case may be, as such an employee were Government service.
Subject to the Government Superannuation Fund Act 1956, nothing in subclause (2) of this clause entitles any such person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor.
For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2) of this clause, to a person who holds ofﬁce as the Commissioner or the Deputy Commissioner or, as the case may be, is in the service of the Commissioner as an employee and (in any such case) is a contributor to the Government Superannuation Fund, the term controlling authority, in relation to any such person, means the Commissioner.
Subclause (1) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “or Deputy Com­ missioner” for the words “, the Deputy Commissioner, and for any of the em­ ployees of the Commissioner”.

(4) (3) 111 Schedule 1 Privacy Act 1993 Reprinted as at 3 September 2007 Application of certain Acts to Commissioner and staff [Repealed] Clause 5 was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Services for Commissioner [Repealed] Clauses 6 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Funds of Commissioner [Repealed] Clauses 6 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Bank accounts [Repealed] Clauses 6 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Investment of money [Repealed] Clauses 6 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

10 Commissioner not to borrow without consent of Minister of Finance [Repealed] Clauses 6 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
10A Auditor­General to be auditor of Commissioner [Repealed] Clause 10A was inserted, as from 21 October 1994, by section 81(4) Health and Disability Commissioner Act 1994 (1994 No 88).

Clause 10A was substituted, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).

Clauses 6 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
112 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 2 11 12 Seal [Repealed] Clauses 6 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Exemption from income tax The income of the Commissioner shall be exempt from income tax.

Schedule 2 Public registers 1 Public register provisions Sections 58, 65 Enactment Public Register Provision Deeds Registration Act 1908 ...................
Sections 21, 22, and 30 Industrial and Provident Societies Act 1908..........................................................

Section 3D Incorporated Societies Act 1908 ..............

Section 33 Occupational Therapy Act 1949 .............. Physiotherapy Act 1949 ........................... Dietitians Act 1950 ..................................

Births and Deaths Registration Act 1951.


Valuation of Land Act 1951 ..................... 113 Schedule 2 Privacy Act 1993 Reprinted as at 3 September 2007 1—continued Enactment Public Register Provision Industrial Societies Amendment Act 1952 .............................. Provident and Land Transfer Act 1952 ...........................

Sections 33 and 50 Patents Act 1953 ......................................

Sections 83 and 84 Designs Act 1953 .....................................
Sections 25 and 27 Companies Act 1955 ................................

Sections 7, 105, 111, 118, 119, 128, and 200 Marriage Act 1955 ...................................

Section 7 Electoral Act 1956.................................... Land Transfer Regulations 1966 .............. Regulation 5 Medical Auxiliaries Act 1966 ..................

Insolvency Act 1967 ................................
Section 118 Pharmacy Act 1970 .................................. Local Government Act 1974.................... Local Elections and Polls Act 1976 ......... Optometrists and Dispensing Opticians Act 1976 ................................................... Plumbers, Gasﬁtters, and Drainlayers Act 1976..........................................................
Section 20 114 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 2 1—continued Enactment Public Register Provision Nurses Act 1977....................................... Securities Act 1978 ..................................

Section 51 Psychologists Act 1981 ............................ Chiropractors Act 1982 ............................ Dog Control and Hydatids Act 1982........

Friendly Societies and Credit Unions Act 1982..........................................................
Sections 5, 40, and 130 Transport Driver Registration and Licensing) Act 1986...... (Vehicle and Section 18 Dental Act 1988 .......................................

Rating Powers Act 1988........................... Motor Vehicle Securities Act 1989 .......... Radiocommunications Act 1989 ..............

Section 5, 6, and 28 Sale of Liquor Act 1989...........................

Sections 220 and 221 Building Act 1991 .................................... Companies Act 1993 ................................
Sections 87, 88, 189, and 360 115 Schedule 2 Privacy Act 1993 Reprinted as at 3 September 2007 1—continued Enactment Public Register Provision Electoral Act 1993....................................

Sections 100, 101, 103, 104, 105, 106, 107, 108, 109, 211, and 212 Te Ture Whenua Maori Act 1993.............

Section 263 Births, and Marriages Registration Act 1995 ..............................
Deaths, Sections 5, 7(2), 8, 24, 25, 34, 36, 48(3), 50, 53, 56, 58, 62D Medical Practitioners Act 1995................ Dog Control Act 1996..............................

Section 34 Fisheries Act 1996....................................

Sections 98, 124 Land Transport Act 1998 .........................

Section 199 Rating Valuations Act 1998 .....................

Section 7 Animal Products Act 1999 .......................

Sections 18, 52, 73, and 112 Personal Property Securities Act 1999.....
Sections 139 and 171 to 174 Local Electoral Act 2001 .........................

Sections 38 and 109 Chartered Professional Engineers of New Zealand Act 2002 Sections 16 to 19 Climate Change Response Act 2002 Sections 18, 20, 26, 27, and 28 Civil Union Act 2004 section 29 Local Government (Rating) Act 2002......

Section 27 116 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 2 1—continued Enactment Public Register Provision Trade Marks Act 2002..............................
Section 181 Motor Vehicle Sales Act 2003..................

Sections 52 to 73 Social Workers Registration Act 2003 ..... Part 7 Health Practitioners Competence Assurance Act 2003 section 137 Gambling Act 2003 section 204 Wine Act 2003 .........................................
Sections 17, 47, and Secondhand Dealers and Pawnbrokers Act 2004 Building Act 2004 73 Section 78 Sections 216, 273, and 298 Veterinarians Act 2005 Section 22 Registered Architects Act 2005 sections 18 to 23 The item relating to the Animal Products Act 1999 was inserted, as from 1 November 1999, by section 8(1) Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
The item relating to the Births and Deaths Registration Act 1951 was repealed, as from 1 September 1995, by section 95 Births, Deaths and Marriages Registration Act 1995 (1995 No 16).

The item relating to the Births, Deaths, and Marriages Registration Act 1995 was in­ serted, as from 1 September 1995, by section 95 Births, Deaths and Marriages Registra­ tion Act 1995 (1995 No 16).
The item relating to the Births, Deaths, and Marriages Registration Act 1995 was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by inserting the expression “62D” in the list of provisions in the second column.

The item relating to the Building Act 1991 was omitted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72).

See subpart 4 of Part 5 of that Act (com­ prising sections 416 to 451) as to the transitional provisions.
117 Schedule 2 Privacy Act 1993 Reprinted as at 3 September 2007 1—continued The item relating to the Building Act 2004 was inserted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72).

See subpart 4 of Part 5 of that Act (com­ prising sections 416 to 451) as to the transitional provisions.
The item relating to the Chartered Professional Engineers of New Zealand Act 2002 was inserted, as from 1 January 2003, by section 72 Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17).

The item relating to the Chiropractors Act 1982 was inserted, as from 19 November 1998, by clause 2(4) Privacy (Second Schedule) Order 1998 (SR 1998/327).
The item relating to the Chiropractors Act 1982 was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

The item relating to the Civil Union Act 2004 was inserted, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102).
The item relating to the Climate Change Response Act 2002 was inserted, as from 14 November 2006, by section 33 Climate Change Response Amendment Act 2006 (2006 No 59).

The item relating to the Companies Act 1993 was inserted, as from 3 September 1996, by section 7 Privacy Amendment Act 1996 (1996 No 142).

The item relating to the Dental Act 1988 was inserted, as from 19 November 1998, by clause 2(5) Privacy (Second Schedule) Order 1998 (SR 1998/327).
The item relating to the Dental Act 1988 was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

The item relating to the Designs Act 1953 was inserted, as from 20 August 2003, by section 201 Trade Marks Act 2002 (2002 No 49).

See clause 2 Trade Marks Act 2002 Commencement Order 2003 (SR 2003/188).
The item relating to the Dietitians Act 1950 was inserted, as from 19 November 1998, by clause 2(1) Privacy (Second Schedule) Order 1998 (SR 1998/327).

The item relating to the Dietitians Act 1950 was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
The item relating to the Dog Control and Hydatids Act 1982 was repealed, as from 1 July 1996, by section 79 Dog Control Act 1996 (1996 No 13).

The item relating to the Dog Control Act 1996 was inserted, as from 1 July 1996, by section 79 Dog Control Act 1996 (1996 No 13).

The item relating to the Electoral Act 1956 was repealed, as from 6 December 1995, by the item relating to the Electoral Act 1993, by section 96 Electoral Amendment Act (No 2) 1995 (1995 No 61).
The item relating to the Electoral Act 1956 was repealed, as from 6 December 1995, by section 96 Electoral Amendment Act (No 2) 1995 (1995 No 61).

The item relating to the Electoral Act 1993 was inserted, as from 6 December 1995, by section 96 Electoral Amendment Act (No 2) 1995 (1995 No 61).
118 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 2 1—continued The item relating to the Fisheries Act 1996 was inserted, as from 1 October 2001, by sec­ tion 316 (Schedule 12, Part 4) Fisheries Act 1996 (1996 No 88).

See clause 2(4) Fisheries Act Commencement Order (No 2) 2001 (SR 2001/179).

The item relating to the Gambling Act 2003 was inserted, as from 1 July 2004, by sec­ tion 374 Gambling Act 2003 (2003 No 51).
See sections 376 and 377 of that Act for the savings and transitional provisions.

See clause 2(3) Gambling Act Commencement Order 2003 (SR 2003/384).

The item relating to the Health Practitioners Competence Assurance Act 2003 was in­ serted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transi­ tional provisions.
The item relating to the Industrial and Provident Societies Amendment Act 1952 was repealed, as from 1 May 2002, by section 191(1) Personal Property Securities Act 1999 (1999 No 126).

See Part 12 of that Act for transitional provisions.

See clause 2 Personal Property Securities Amendment Act Commencement Order 2002 (SR 2002/63).

The item relating to the Land Transfer Regulations 1966 was inserted, as from 19 November 1998, by clause 2(2) Privacy (Second Schedule) Order 1998 (SR 1998/327).
The item relating to the Land Transport Act 1998 was inserted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

The item relating to the Local Elections and Polls Act 1976 was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35).

See sections 153 to 157 of that Act as to the transitional provisions.

See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
The item relating to the Local Electoral Act 2001 was inserted, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35).

See sections 153 to 157 of that Act as to the transitional provisions.

See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

The item relating to the Local Government Act 1974 was inserted, as from 1 July 1998, by section 16(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
The item relating to the Local Government Act 1974 was repealed, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84).

See sections 273 to 314 of that Act as to the savings and transitional provisions.

The item relating to the Local Government (Rating) Act 2002 was inserted, as from 1 July 2003, by section 137(1)) Local Government (Rating) Act 2002 (2002 No 6).
See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a ﬁnancial year that begins on or after 1 July 2003.

The item relating to the Marriage Act 1955 was substituted, as from 1 September 1995, by section 95 Births, Deaths, and Marriages Registration Act 1995 (1995 No 16).

The item relating to the Medical Auxiliaries Act 1966 was inserted, as from 19 Novem­ ber 1998, by clause 2(2) Privacy (Second Schedule) Order 1998 (SR 1998/327).
The item relating to the Medical Practitioners Act 1995 was inserted, as from 19 Novem­ ber 1998, by clause 2(6) Privacy (Second Schedule) Order 1998 (SR 1998/327).

The item relating to the Medical Practitioners Act 1995 was repealed, as from 18 Sep­ tember 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
119 Schedule 2 Privacy Act 1993 Reprinted as at 3 September 2007 1—continued The item relating to the Motor Vehicle Sales Act 2003 was inserted, as from 15 Decem­ ber 2003, by section 145 Motor Vehicle Sales Act 2003 (2003 No 12).

See sections 148 to 162 of that Act as to the transitional provisions.

See clause 2 Motor Vehicle Sales Act Commencement Order 2003 (SR 2003/329).
The item relating to the Motor Vehicle Securities Act 1989 was repealed, as from 1 May 2002, by section 191(1) Personal Property Securities Act 1999 (1999 No 126).

See Part 12 of that Act for transitional provisions.

See clause 2 Personal Property Securities Amendment Act Commencement Order 2002 (SR 2002/63).

The item relating to the Nurses Act 1977 was inserted, as from 19 November 1998, by clause 2(4) Privacy (Second Schedule) Order 1998 (SR 1998/327).
The item relating to the Nurses Act 1977 was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

The item relating to the Occupational Therapy Act 1949 was inserted, as from 19 November 1998, by clause 2(1) Privacy (Second Schedule) Order 1998 (SR 1998/327).
The item relating to the Occupational Therapy Act 1949 was repealed, as from 18 Sep­ tember 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

The item relating to the Optometrists and Dispensing Opticians Act 1976 was inserted, as from 19 November 1998, by clause 2(4) Privacy (Second Schedule) Order 1998 (SR 1998/327).
The item relating to the Optometrists and Dispensing Opticians Act 1976 was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assur­ ance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

The item relating to the Patents Act 1953 was inserted, as from 20 August 2003, by section 201 Trade Marks Act 2002 (2002 No 49).

See clause 2 Trade Marks Act 2002 Commencement Order 2003 (SR 2003/188).
The item relating to the Personal Property Securities Act 1999 was inserted, as from 1 May 2002, by section 191(1) Personal Property Securities Act 1999 (1999 No 126).

See also Part 12 of that Act for transitional provisions.

The item relating to the Pharmacy Act 1970 was inserted, as from 19 November 1998, by clause 2(3) Privacy (Second Schedule) Order 1998 (SR 1998/327).
The item relating to the Pharmacy Act 1970 was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

The item relating to the Psychologists Act 1981 was inserted, as from 19 November 1998, by clause 2(4) Privacy (Second Schedule) Order 1998 (SR 1998/327).
The item relating to the Physiotherapy Act 1949 was inserted, as from 19 November 1998, by clause 2(1) Privacy (Second Schedule) Order 1998 (SR 1998/327).

The item relating to the Physiotherapy Act 1949 was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
120 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 2 1—continued The item relating to the Plumbers, Gasﬁtters, and Drainlayers Act 1976 was inserted, as from 19 November 1998, by clause 2(4) Privacy (Second Schedule) Order 1998 (SR 1998/327).

The item relating to the Psychologists Act 1981 was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
The item relating to the Radiocommunications Act 1989 was inserted, as from 12 Oc­ tober 2001, by section 61 Radiocommunications Amendment Act 2000 (2000 No 8).

The item relating to the Rating Powers Act 1988 was repealed, as from 1 July 2003, by section 137(1)) Local Government (Rating) Act 2002 (2002 No 6).

See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a ﬁnancial year that begins on or after 1 July 2003.
The item relating to the Rating Valuations Act 1998 was inserted, as from 1 July 1998, by section 54(1) Rating Valuations Act 1998 (1998 No 69).

The item relating to the Registered Architects Act 2005 was inserted, as from 1 July 2006, by section 83 Registered Architects Act 2005 (2005 No 38).

The item relating to the Sale of Liquor Act 1989 was inserted, as from 1 September 1999, by section 125 Sale of Liquor Amendment Act 1999 (1999 No 92).
The item relating to the Secondhand Dealers and Pawnbrokers Act 2004 was inserted, as from 1 April 2005, by section 89 Secondhand Dealers and Pawnbrokers Act 2004 (2004 No 70).

The item relating to the Securities Act 1978 was inserted, as from 19 November 1998, by clause 2(4) Privacy (Second Schedule) Order 1998 (SR 1998/327).

The item relating to the Social Workers Registration Act 2003 was inserted, as from 1 November 2003, by section 149 Social Workers Registration Act 2003 (2003 No 17).
See clause 3(1) Social Workers Registration Act Commencement Order 2003 (SR 2003/250).

The item relating to the Te Ture Whenua Maori Act 1993 was inserted, as from 3 Sep­ tember 1996, by section 7 Privacy Amendment Act 1996 (1996 No 142).

The item relating to the Trade Marks Act 2002 was inserted, as from 20 August 2003, by section 201 Trade Marks Act 2002 (2002 No 49).

See clause 2 Trade Marks Act 2002 Commencement Order 2003 (SR 2003/188).
The item relating to the Transport (Vehicle and Driver Registration and Licensing) Act 1986 was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the expression “Section 18” for the expression “Sections 18 and 45”.

The item relating to the Valuation of Land Act 1951 was repealed, as from 1 July 1998, by section 54(1) Rating Valuations Act 1998 (1998 No 69).

See sections 55 to 63 for the savings and transitional provisions.
The item relating to the Veterinarians Act 2005 was inserted, as from 22 December 2005, by section 102 Veterinarians Act 2005 (2005 No 126).

The item relating to the Wine Act 2003 was inserted, as from 1 January 2004, by section 126 Wine Act 2003 (2003 No 114).
121 Schedule 3 Privacy Act 1993 Reprinted as at 3 September 2007 2 Documents deemed to be public registers Documents held by local authorities and containing authorities for the carrying out of any work for or in connection with the construc­ tion, alteration, demolition, or removal of a building, where the au­ thority was granted under any bylaw made under the authority of sec­ tion 684(1)(22) of the Local Government Act 1974 or any equivalent provision of any former enactment.
Schedule 3 Information matching provisions Section 97 Enactment Information Matching Provision Accident In­ surance Act 1998...........
Sections 370 and 371 (as saved by section 343 of the Injury Prevention, Rehabilitation, and Compensation Act 2001) Section 78A Section 26A Sections 180, 181, 182, and 204 Sections 280 to 280D and 280H Sections 226A, 238B, and 307D Section 263A and 263B Births, Deaths, and Marriages Registration Act 1995 Citizenship Act 1977 Corrections Act 2004 Customs and Excise Act 1996 .... Education Act 1989 ....
Electoral Act 1993 .... 122 Reprinted as at 3 September 2007 Housing Restructuring and Tenancy Matters Act 1992 Immigration Act 1987 .... Privacy Act 1993 Schedule 3 Section 68 Sections 141AC and 141A, 141AD, and 141AE Sections 246, 280, and 281 Injury Prevention, Rehabilitation, and Compensation Act 2001 Sections 120 to 123 Section 126A section 19D(3)(b) Motor Vehicle Sales Act 2003...........
Penal Insti­ tutions Act 1954........... Social Security Act 1964........... Social Welfare (Transitional Provisions) Act 1990 123 Schedule 3 Privacy Act 1993 Reprinted as at 3 September 2007 Section 62A Student Loan Scheme Act 1992 Tax Administration Act 1994 ....

Sections 46A, 82, 83, 84, 85, 85A, and 85B, 85E and, 85G, and 85H The item relating to the Accident Rehabilitation and Compensation Insurance Act 1992 was omitted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).
The item relating to the Accident Insurance Act 1998 was inserted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).

Schedule 3 was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49), by substituting references to the “Injury Prevention, Rehabilitation, and Compensation Act 2001” and the “Accident Insurance Act 1998” for the reference to the “Accident Insurance Act 1998”.
See Part 10 of that Act for provisions relating to transition from competitive provision of work­ place accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

The item relating to the Births and Deaths Registration Act 1951 was omitted, as from 3 September 1996, by section 8(2) Privacy Amendment Act 1996 (1996 No 142).
The item relating to the Births, Deaths, and Marriages Registration Act 1995 was in­ serted, as from 19 December 2002, by section 4 Births, Deaths, and Marriages Regis­ tration Amendment Act 2002 (2002 No 59).

The item relating to the Citizenship Act 1977 was inserted, as from 19 December 2002, by section 4 Citizenship Amendment Act 2002 (2002 No 62).

The item relating to the Corrections Act 2004 was inserted, as from 1 June 2005, by section 205(2)(a) Corrections Act 2004 (2004 No 50).
See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Schedule 3 was amended, as from 1 October 1996, by section 289(1) Customs and Ex­ cise Act 1996 by: (1) substituting “Customs and Excise Act 1996” for “Customs Act 1966” in the ﬁrst column; and; (2) substituting “Section 280” for “Section 305B” in the second column.
The item relating to the Customs and Excise Act 1996 was amended, as from 27 April 2002, by section 9 Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8), by substituting “Sections 280 and 280B” for “Section 280”.

The item relating to the Customs and Excise Act 1996 was amended, as from 10 April 2006, by section 5(a) Privacy Amendment Act 2006 (2006 No 11) by substituting “Sec­ tions 280 to 280D” for “Sections 280 and 280B”.
The item relating to the Customs and Excise Act 1996 was amended, as from 28 March 2007, by section 43(3) Student Loan Scheme Amendment Act 2007 (2007 No 13) by substituting “Sections 280 to 280D and 280H” for “Sections 280 to 280D”.
124 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 3 The item relating to the Education Act 1989 was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “sections 226A and 238B” for “section 307A”.
The item relating to the Education Act 1989 was amended, as from 1 February 2002, by section 83 Education Standards Act 2001 (2001 No 88) by substituting “Sections 226A, 238B, and 307C”, in the second column, for “Sections 226A and 238B”.

See clause 2(1)(f) Education Standards Act Commencement Order 2001 (SR 2001/384).
The item relating to the Education Act 1989 was amended, as from 17 May 2006, by section 52(2) Education Amendment Act 2006 (2006 No 19) by substituting “307C, and 307D”, in the second column, for “and 307C”.

The item relating to the Education Act 1989 was amended, as from 1 April 2007, by section 43(4) Student Loan Scheme Amendment Act 2007 (2007 No 13) by omitting “307C,”.
The item relating to the Electoral Act 1993 was inserted, as from 6 December 1995, by section 97 Electoral Amendment Act (No 2) 1995 (1995 No 61).

The item relating to the Electoral Act 1993 was substituted, as from 18 March 2002, by section 101(3) Electoral Amendment Act 2002 (2002 No 1).
The item relating to the Housing Restructuring and Tenancy Matters Act 1992 was in­ serted, as from 1 July 2006, by section 9 Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).

The item relating to the Immigration Act 1987 was substituted, as from 1 June 2005, by section 205(2)(b) Corrections Act 2004 (2004 No 50).

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
The item relating to the Immigration Act 1987 was amended, as from 10 April 2006, by section 5(b) Privacy Amendment Act 2006 (2006 No 11) by substituting “141A, 141AD, and 141AE” for “141A”.

The item relating to the Inland Revenue Department Act 1974 was amended, as from 28 September 1993, by section 2(3) Inland Revenue Department Amendment Act (No 2) 1993 (1993 No 134) by omitting “Sections 13A and 13B” and substituting “Sections 13A, 13B, 13C, and 13D”.
This item was omitted, as from 1 April 1995, by section YB 1 Income Tax Amendment Act 1994 (1994 No 164).

The item relating to the Marriage Act 1955 was omitted, as from 3 September 1996, by section 8(3) Privacy Amendment Act 1996 (1996 No 142).

The item relating to the Motor Vehicle Sales Act 2003 was inserted, as from 15 Decem­ ber 2003, by section 145 Motor Vehicle Sales Act 2003 (2003 No 12).

See sections 148 to 162 of that Act as to the transitional provisions.
See clause 2 Motor Vehicle Sales Act Commencement Order 2003 (SR 2003/329).

The item relating to the Penal Institutions Act 1954 was repealed, as from 1 June 2005, by section 205(2)(a) Corrections Act 2004 (2004 No 50).

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

The item relating to section 126A Social Security Act 1964 was inserted, as from 3 September 1996, by section 3 Social Security Amendment Act (No 4) 1996 (1996 No 145).
The item relating to section 131A Social Security Act 1964 was inserted, as from 1 April 1997 by section 44 Social Security Amendment Act 1996 (1996 No 20).

The item relating to section 131A Social Security Act 1964 was omitted, as from 15 November 2000, by section 4(1) Privacy Amendment Act 2000 (2000 No 76).
125 Schedule 4 Privacy Act 1993 Reprinted as at 3 September 2007 The item relating to the Social Welfare (Transitional Provisions) Act 1990 was inserted, as from 23 November 2000, by section 7(b) Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).

The item relating to the Student Loan Scheme Act 1992 was inserted, as from 28 March 2007, by section 43(2) Student Loan Scheme Amendment Act 2007 (2007 No 13).
The item relating to the Tax Administration Act 1994 was inserted, as from 1 April 1995, by section YB 1 of the Income Tax Amendment Act 1994 (1994 No 164).

The item relating to the Tax Administration Act 1994 was amended, as from 1 July 1996, by section 10(2) Tax Administration Amendment Act 1996 (1996 No 19) by substituting “sections 46A, 83, and 84” for “sections 83 and 84”.
The item relating to the Tax Administration Act 1994 was substituted, as from 3 Sep­ tember 1996, by section 8(1) Privacy Amendment Act 1996 (1996 No 142).

The item relating to the Tax Administration Act 1994 was amended, as from 1 November 1998, by section 30 Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91) by substituting “85, and 85A” for “and 85”.
The item relating to the Tax Administration Act 1994 was amended, as from 23 Novem­ ber 2000, by section 7(a) Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88) by substituting “85A, and 85B” for “and 85A”.

The item relating to the Tax Administration Act 1994 was amended, as from 15 Decem­ ber 2000, by section 18 Student Loan Scheme Amendment Act (No 2) 2000 (2000 No 96) by inserting “, and 85D”.
The item relating to the Tax Administration Act 1994 was amended by substituting “, 85D, and 85E” for “and 85D”.

See Part 10 of that Act for provisions relating to tran­ sition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
The item relating to the Tax Administration Act 1994 was amended, as from 1 April 2005, by section 25(1) Taxation (Working for Families) Act 2004 (2004 No 52) by sub­ stituting “, 85E and 85G” for “and 85E”.

The item relating to the Tax Administration Act 1994 was amended, as from 21 June 2005, by section 3 Privacy Amendment Act 2005 (2005 No 80) by substituting “, 85G and 85H” for “and 85G”.
The item relating to the Tax Administration Act 1994 was amended, as from 1 April 2007, by section 43(5) Student Loan Scheme Amendment Act 2007 (2007 No 13) by omitting “85D,”.
Schedule 4 Information matching rules Sections 97, 99, 107 Notice to individuals affected 1 (1) Agencies involved in an authorised information matching pro­ gramme shall take all reasonable steps (which may consist of or include public notiﬁcation) to ensure that the individuals 126 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 4 who will be affected by the programme are notiﬁed of the pro­ gramme.
(2) Nothing in subclause (1) of this clause requires an agency to notify any individual about an authorised information match­ ing programme if to do so would be likely to frustrate the ob­ jective of the programme.

2 3 (1) Use of unique identiﬁers Except as provided in any other enactment, unique identiﬁers shall not be used as part of any authorised information match­ ing programme unless their use is essential to the success of the programme.
On­line transfers Except with the approval of the Commissioner, information transferred between agencies for the purposes of an authorised information matching programme shall not be transferred by means of on­line computer connections.

(2) Any approval given under subclause (1) of this clause may be given either unconditionally or subject to such conditions as the Commissioner thinks ﬁt.
(3) Any approval given under subclause (1) of this clause may at any time be withdrawn by the Commissioner; and any con­ dition subject to which any such approval is given may from time to time be revoked, varied, or added to by the Commis­ sioner.

4 (1) (2) Technical standards The agency primarily responsible for the operation of an au­ thorised information matching programme shall establish and maintain detailed technical standards to govern the operation of the programme.
The technical standards established by an agency in accord­ ance with subclause (1) of this clause shall deal with the fol­ lowing matters: (a) The integrity of the information to be matched, with particular reference to— (i) Key terms and their deﬁnition; and 127 Schedule 4 Privacy Act 1993 Reprinted as at 3 September 2007 (b) (c) (d) Relevance, timeliness, and completeness: (ii) The matching techniques to be used in the programme, with particular reference to— (i) The matching algorithm: (ii) Any use of unique identiﬁers: (iii) The nature of the matters being sought to be iden­ tiﬁed by the matching process: (iv) The relevant information deﬁnitions: (v) The procedure for recognising matches: The controls being used to ensure the continued in­ tegrity of the programme, including the procedures that have been established to conﬁrm the validity of match­ ing results: The security features included within the programme to minimise and audit access to personal information, including the means by which the information is to be transferred between agencies.
(3) The technical standards established in accordance with sub­ clause (1) of this clause shall be incorporated in a written document (in this clause called a Technical Standards Report), and copies of the Technical Standards Report shall be held by all agencies that are involved in the authorised information matching programme.

(4) Variations may be made to a Technical Standards Report by way of a Variation Report appended to the original Report.
The agency that prepares a Technical Standards Report shall forward a copy of that report, and of every Variation Report appended to that report, to the Commissioner.

The Commissioner may from time to time direct that a Tech­ nical Standards Report be varied, and every such direction shall be complied with by the agency that prepared the Re­ port.
Every agency involved in an authorised information matching programme shall comply with the requirements of the asso­ ciated Technical Standards Report (including any variations made to the report).
(5) (6) (7) 128 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 4 5 (1) (2) Safeguards for individuals affected by results of programmes The agencies involved in an authorised information matching programme shall establish reasonable procedures for conﬁrm­ ing the validity of discrepancies before any agency seeks to rely on them as a basis for action in respect of an individual.
Subclause (1) of this clause shall not apply if the agencies con­ cerned consider that there are reasonable grounds to believe that the results are not likely to be in error, and in forming such a view regard shall be had to the consistency in content and context of the information being matched.
(3) Where such conﬁrmation procedures do not take the form of checking the results against the source information, but instead involve direct communication with the individual affected, the agency that seeks to rely on the discrepancy as a basis for ac­ tion in respect of an individual shall notify the individual af­ fected that no check has been made against the information which formed the basis for the information supplied for the programme.
Every notiﬁcation in accordance with subclause (3) of this clause shall include an explanation of the procedures that are involved in the examination of a discrepancy revealed by the programme.

(4) 6 (1) Destruction of information Personal information that is disclosed, pursuant to an informa­ tion matching provision, to an agency for use in an authorised information matching programme and that does not reveal a discrepancy shall be destroyed as soon as practicable by that agency.
(2) Where— (a) Personal information is disclosed, pursuant to an infor­ mation matching provision, to an agency for use in an authorised information matching programme; and That information reveals a discrepancy,— (b) that information shall be destroyed by that agency as soon as practicable after that information is no longer needed by that agency for the purposes of taking any adverse action against any individual.
129 Schedule 4 Privacy Act 1993 Reprinted as at 3 September 2007 (3) Nothing in this clause applies in relation to the Inland Revenue Department.
7 (1) (2) (3) No new databank Subject to subclauses (2) and (3) of this clause, the agencies involved in an authorised information matching programme shall not permit the information used in the programme to be linked or merged in such a way that a new separate permanent register or databank of information is created about all or any of the individuals whose information has been subject to the programme.
Subclause (1) of this clause does not prevent an agency from maintaining a register of individuals in respect of whom fur­ ther inquiries are warranted following a discrepancy revealed by the programme, but information relating to an individual may be maintained on such a register only for so long as is ne­ cessary to enable those inquiries to be carried out, and in no case longer than is necessary to enable any adverse action to be taken against an individual.
Subclause (1) of this clause does not prevent an agency from maintaining a register for the purpose of excluding individuals from being selected for investigation, but such register shall contain the minimum amount of information necessary for that purpose.
Time limits 8 (1) Where an authorised information matching programme is to continue for any period longer than 1 year, or for an indeﬁnite period, the agencies involved in the programme shall establish limits on the number of times that matching is carried out pur­ suant to the programme in each year of its operation.
The limits established in accordance with subclause (1) of this clause shall be stated in writing in an annex to the Technical Standards Report prepared in respect of the programme pur­ suant to clause 4 of this Schedule.

(2) 130 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 5 (3) The limits established in accordance with subclause (1) of this clause may be varied from time to time by the agencies in­ volved in the programme.
Schedule 5 Law enforcement information Sections 111, 113 Schedule 5 was amended, as from 20 August 1993, by section 35(1) Land Trans­ port Act 1993 (1993 No 88) by omitting “Transport” wherever it occurs in the third column and substituting “Land Transport Safety Authority of New Zealand.” Schedule 5 was amended, as from 20 August 1993, by the same provision by omitting the heading “Ministry of Transport Records” and substituting the heading “Land Transport Safety Authority Records”, and by omitting from the second column of Schedule 5 “Ministry of Transport” where they occur in the part relating to Ministry of Transport Records, and substituting “Land Trans­ port Safety Authority of New Zealand”.
Schedule 5 was amended, as from 1 September 1993, by section 55 Criminal Justice Amendment Act 1993 (1993 No 43) by inserting an item concerning suspended sentences in the part of this Schedule referring to Department of Justice Records.

Schedule 5 was substituted, as from 1 July 1995, by section 11(1) Department of Justice (Restructuring) Act 1995 (1995 No 39).

Schedule 5 was substituted, as from 1 October 1995, by section 11(3) Depart­ ment of Justice (Restructuring) Act 1995 (1995 No 39).
Schedule 5 was amended, as from 28 June 1996, by clause 2(1) Privacy (Fifth Schedule) Order 1996 (SR 1996/125) by omitting an item relating to ﬁnger prints and identity.

Schedule 5 was amended, as from 28 June 1996, by clause 2(1) Privacy (Fifth Schedule) Order 1996 (SR 1996/125) by inserting items relating to offender identity and victim identity.
Schedule 5 was amended, as from 28 June 1996, by clause 2(2) Privacy (Fifth Schedule) Order 1996 (SR 1996/125) by amending the item relating to vehicles of interest by substituting “Ministry of Commerce” for “Department of Just­ ice”.
Schedule 5 was amended, as from 3 September 1996, by section 9(1) Privacy Amendment Act 1996 (1996 No 142) by substituting, from the part headed Police Records, from the third column of the item relating to vehicles of in­ terest, “Ministry of Transport” for “Land Transport Safety Authority of New Zealand”.
Schedule 5 was amended, as from 3 September 1996, by section 9(2) Privacy Amendment Act 1996 (1996 No 142) by inserting, in the part headed Land Transport Safety Authority of New Zealand, in the ﬁrst column of the item re­ lating to the transport licensing register “services”.
131 Schedule 5 Privacy Act 1993 Reprinted as at 3 September 2007 Schedule 5 was amended, as from 3 September 1996, by section 9(3) Privacy Amendment Act 1996 (1996 No 142) by omitting, from the part headed Land Transport Safety Authority of New Zealand, the item relating to the motor ve­ hicles register.
Schedule 5 was amended, as from 3 September 1996, by section 9(4) Privacy Amendment Act 1996 (1996 No 142) by inserting, after the part headed Land Transport Safety Authority of New Zealand, the part headed Ministry of Trans­ port Records.

Schedule 5 was substituted, as from 27 June 1997, by clause 2 Privacy (Fifth Schedule) Order 1997 (SR 1997/86).
The item relating to ﬁrearms licences was inserted into the part headed “Police Records”, as from 3 June 1998, by section 2 Privacy Amendment Act 1998 (1998 No 57).
The item relating to the Driver Licence register (except photographic images on driver licences) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “Driver Licence register (except photographic images on driver licences)” and “driver licences” for “Drivers’ licences register” and “drivers’ licences (whether issued by the Land Transport Safety Authority of New Zealand or a local body)” respectively.
The item relating to the Motor vehicles register was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “Section 190(1) of the Land Transport Act 1998” for “Section 17(1) of the Land Transport Act 1993”.

An item relating to non­performance of bail conditions was inserted after the item relating to suspended sentences, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).
The item relating to Vehicles of Interest was amended, as from 7 September 2000, by section 8(1) Ministry of Economic Development Act 2000 (2000 No 28) by substituting “Ministry of Economic Development” for “Ministry of Commerce”.
Schedule 5, third column, was amended, as from 1 February 2001, by section 128 Legal Services Act 2000 (2000 No 42) by adding, under the heading “De­ partment for Courts records”, opposite the item relating to court document pro­ cessing, “Legal Services Agency, limited only to ﬁnding out whether or not an applicant for criminal legal aid has any charges currently pending determination by the courts”.
Schedule 5, third column, was amended, as from 1 February 2001, by section 128 Legal Services Act 2000 (2000 No 42) by adding, under the heading “De­ partment for Courts records”, opposite the entry relating to details of hearings, “Legal Services Agency, for the purpose of determining an application for a grant of legal aid (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 17 years, where the offence did not carry a liability to imprisonment)”.
Schedule 5, third column, was amended, as from 1 February 2001, by section 128 Legal Services Act 2000 (2000 No 42) by adding, under heading “Depart­ ment for Courts records”, opposite the item relating to enforcement of ﬁnes and other orders, “Legal Services Agency, for the purpose of determining an appli­ cation for a grant of legal aid in relation to a criminal matter”.
132 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 5 Schedule 5, third column, was amended, as from 1 February 2001, by section 128 Legal Services Act 2000 (2000 No 42) by adding, under the heading “De­ partment for Courts records”, opposite the item relating to suspended sentences, add “Legal Services Agency, for the purpose of determining an application for a grant of legal aid in relation to a criminal matter”.
Schedule 5, third column, was amended, as from 1 February 2001, by section 128 Legal Services Act 2000 (2000 No 42) by inserting, under the heading “Po­ lice records”, opposite the item relating to trafﬁc offence and infringement en­ forcement and document processing, “Legal Services Agency (access is limited to obtaining information for the purpose of processing cases before a court, and for determining an application for a grant of legal aid relating to a criminal mat­ ter)” Schedule 5, third column, was amended, as from 1 February 2001, by section 128 Legal Services Act 2000 (2000 No 42) by inserting, under the heading “Ministry of Transport records”, opposite the item relating to motor vehicles register, “Legal Services Agency (access is limited to obtaining information for the purpose of determining ﬁnancial eligibility of an applicant for a grant of legal aid in relation to a criminal matter)”.
Schedule 5 was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by inserting in paragraph (b) of the item relating to the access by the Department for Courts to Police records containing particulars of the identity of persons who have been charged with an offence, “, the Sentencing Act 2002, the Parole Act 2002,” after “Criminal Justice Act 1985”.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Schedule 5 was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by inserting in the item relating to access by the Department for Courts to Police records containing information about victim identity “, the Sentencing Act 2002, the Parole Act 2002,” after “Criminal Justice Act 1985”.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Schedule 5 was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting the description of the Department of Corrections records in respect of community­based sentences and conditions of release and substitute the description of “Particulars of persons”.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Schedule 5 was amended, as from 17 December 2002, by section 53 Victims’ Rights Act 2002 (2002 No 39) by substituting “Victims’ Rights Act 2002” for “Victims of Offences Act 1987”.

Schedule 5 was amended, as from 19 December 2002, by section 4 Privacy Amendment Act 2002 (2002 No 73) by inserting, as the last 2 items under the heading “Police Records”, the items Protection Orders and Restraining Orders.
Schedule 5: the items relating to the heading “Department for Court Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the third column the items that relate to the Ministry of Justice.

Schedule 5 : the heading “Department for Court Records” was amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by substituting the heading “Ministry of Justice Records” for the heading “Department for Court Records”.
133 Schedule 5 Privacy Act 1993 Reprinted as at 3 September 2007 Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the item relating to the Ministry of Justice in the third column, opposite the item “Details of overseas hearings”, all the words after “Ministry of Justice”.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the third column, opposite the item “Details of overseas hearings”, the item “Department for Courts”.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by substituting from the third column, opposite the item “Police temporary ﬁle index”, “Ministry of Justice” for “Department for Courts”.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the third column, opposite the item “Offender identity”, the item relating to the Department for Courts.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by substituting in the third column, opposite the item “Offender identity”, the item relating to the Ministry of Justice.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by substituting from the third column, opposite the item “Victim identity”, “Ministry of Justice” for “Department for Courts”.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the third column, opposite the item “Medical details”, the item “Department for Courts”.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the item relating to the Ministry of Justice in the third column, opposite the item “Medical details”, all the words after “Ministry of Justice”.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by substituting from the third column, opposite the item “Trafﬁc offence and infringement enforcement and document processing”, “Ministry of Justice” for “Department for Courts”.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by substituting from the third column, opposite the item “Wanted Persons”, “Ministry of Justice” for “Department for Courts”.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by substituting from the third column, opposite the item “Missing Persons”, “Ministry of Justice” for “Department for Courts”.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 134 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 5 No 41) by substituting from the third column, opposite the item “Firearms Li­ cences”, “Ministry of Justice” for “Department for Courts”.
Schedule 5: the items relating to the heading “Land Transport Safety Author­ ity Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the third column, oppos­ ite the item relating to the Driver Licences register, the item “Department for Courts”.
Schedule 5: the items relating to the heading “Land Transport Safety Author­ ity Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the item relating to the Ministry of Justice in the third column, opposite the item relating to the Driver Licences register, all the words after “Ministry of Justice”.
Schedule 5: the items relating to the heading “Ministry of Transport Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by substituting from the third column, opposite the item “Motor vehicles Register”, the item “Ministry of Justice” for the item “De­ partment for Courts”.
Schedule 5: the item relating to the heading “Ministry of Transport Records” was amended, as from 13 November 2003, by section 90 Land Transport Man­ agement Act 2003 (2003 No 118) by adding an item to the third column relating to the motor vehicles register.
the items relating to the heading “Department of Corrections Schedule 5: Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the third column, op­ posite the item relating to community­based sentences, the item “Department for Courts”.
the items relating to the heading “Department of Corrections Schedule 5: Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the item relating to the Ministry of Justice in the third column, opposite the item relating to community­based sentences, all the words after “Ministry of Justice”.
the items relating to the heading “Department of Corrections Schedule 5: Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the third column, opposite the item “Records of inmates”, the item “Department for Courts”.
the items relating to the heading “Department of Corrections Schedule 5: Records” were amended, as from 1 October 2003, by 12(3) State Sector Amendment Act 2003 (2003 No 41) by omitting from the item relating to the Ministry of Justice in the third column, opposite the item “Records of inmates”, all the words after “Ministry of Justice”.
Column 3 of Schedule 5 was amended, as from 1 December 2004, by sec­ tion 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting “Safety Authority of” wherever they appear.

See sections 20 to 22 of that Act as to the savings and transitional provisions.
Column 3 of Schedule 5 was amended, as from 1 December 2004, by sec­ tion 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting from the item relating to offender identity under the heading Po­ lice Records “or the Land Transport Safety Authority of New Zealand” in both 135 Schedule 5 Privacy Act 1993 Reprinted as at 3 September 2007 places it appears.

See sections 20 to 22 of that Act as to the savings and transi­ tional provisions.
The heading before the item relating to the driver licence register in Schedule 5 was amended, as from 1 December 2004, by section 19(1) Land Transport Man­ agement Amendment Act 2004 (2004 No 97) by substituting “New Zealand” for “Safety Authority”.

See sections 20 to 22 of that Act as to the savings and transitional provisions.
Column 3 of Schedule 5 was amended, as from 1 June 2005, by section 205(3) Corrections Act 2004 (2004 No 50) by inserting paragraph (ab) after paragraph (a) in the item relating to the Department of Corrections opposite the item “Offender identity” under the heading “Police records”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Column 3 of Schedule 5 was amended, as from 1 June 2005, by section 205(3) Corrections Act 2004 (2004 No 50) by substituting “community pro­ gramme, or community work” for “or community programme” in paragraph (b) opposite the item “Protection orders” under the heading “Police records”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Column 3 of Schedule 5 was amended, as from 1 June 2005, by section 205(3) Corrections Act 2004 (2004 No 50) by substituting “community pro­ gramme, or community work” for “or community programme” in paragraph (b) opposite the item “Restraining orders” under the heading “Police records”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Column 3 of Schedule 5 was amended, as from 1 June 2005, by section 205(3) Corrections Act 2004 (2004 No 50) by substituting the item relating to Police opposite the item “Community­based sentences and conditions of release” under the heading “Department of Corrections records”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Schedule 5: the item relating to records of inmates in this Schedule was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “prison” for “penal institutions”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Schedule 5: the item relating to records of inmates in this Schedule was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “prisoners” for “inmates” in both places they appeared.. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Note that “inmate” in the third column of the item relating to “records of inmates” in Schedule 5 was not changed to “prisoner” in accordance with the other changes made to this schedule by the Corrections Act 2004 (2004 No 50), possibly in error.
Schedule 5: the items relating to the heading “Police records” were amended, as from 4 June 2005, by section 75(a) Prisoners’ and Victims’ Claims Act 2005 (2005 No 74) by substituting in the item relating to the Ministry of Justice in the third column, opposite the item “Offender identity”, “the Victims’ Rights Act 2002, and the Prisoners’ and Victims’ Claims Act 2005; or” for “and the Victims’ Rights Act 2002; or”.
Schedule 5: the items relating to the heading “Police Records” were amended, as from 4 June 2005, by section 75(b) Prisoners’ and Victims’ Claims Act 2005 (2005 No 74) by substituting in the item relating to the Ministry of Justice in the third column, opposite the item “Victim identity”, “the Victims’ Rights Act 136 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 5 2002, and the Prisoners’ and Victims’ Claims Act 2005” for “and the Victims’ Rights Act 2002”.
Schedule 5 was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by inserting, in the part headed “Land Transport Safety Authority Records” the item relating to the “Rail licensing register”.

See sec­ tions 105 to 111 of that Act as to the transitional provisions.
Ministry of Justice Records 137 1 3 8 Subject Description Access Available to Court document processing Particulars of proceedings in respect of which informations are to be laid; the acceptance of data for and the preparations of associated documents Police Serious Fraud Ofﬁce Department of Corrections Details of hearings Details of hearings of proceedings in respect of which an information has been laid, including convictions, sentences, and all other matters ancillary and subsequent to a determination Legal Services Agency, limited only to ﬁnding out whether or not an applicant for criminal legal aid has any charges currently pending determination by the courts Police (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 17 years, where the offence did not carry a liability to imprisonment Subject Description Access Available to Legal Services Agency, for the purpose of determining an application for a grant of legal aid (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 17 years, where the offence did not carry a liability to imprisonment) Land Transport New Zealand (access is limited to trafﬁc cases only) Serious Fraud Ofﬁce (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 17 years, where the offence did not carry a liability to imprisonment) Department of Corrections Subject Description Access Available to Enforcement of ﬁnes and other orders Police Department of Corrections Particulars of writs, warrants, or orders in force and issued or made on default in the payment of ﬁnes or other monetary sums ordered in proceedings commenced by indictment or information; particulars of the persons to whom the writs, warrants, or orders
 relate; and particulars of ﬁnes, sentences, or orders imposed or made against those persons, including the amounts remaining payable thereunder and the arrangements for payment Legal Services Agency, for the purpose of determining an application for a grant of legal aid in relation to a criminal matter Subject Description Access Available to Suspended sentences Police Particulars of persons subject to suspended sentence orders or sentences subsequently imposed in respect of the original offences for which suspended sentence orders were made, pursuant to section 21A of the Criminal Justice Act 1985 Department of Corrections Non­performance of bail conditions Records relating to failure to comply with bail conditions entered under section 38(3) or section 63(3) of the Bail Act 2000.
Police Schedule 5 Privacy Act 1993 Reprinted as at 3 September 2007 Police records 142 Subject Description Details of hearings Details of hearings of overseas proceedings before overseas courts, including convictions, sentences, and all other matters ancillary and subsequent to a determination Access Available to Ministry of Justice Department of Corrections Serious Fraud Ofﬁce Police temporary ﬁle index Details of active or recently closed Police ﬁles, including the ﬁle numbers and location of the ﬁles, and the names of complainants, victims, witnesses, suspects, and alleged offenders Ministry of Justice (access is limited to— (a) Obtaining information about parties to offences for the purpose of processing cases before a court: (b) Updating Police records Subject Offender identity Description Access Available to Particulars of the identity of persons who have been charged with an offence Ministry of Justice (access is limited to— (a) identity details for the purposes of— (i) entering information relating to prosecutions initiated otherwise than by the Police; or providing assistance to victims in accordance with the Criminal Justice Act 1985. the Sentencing Act 2002, the Parole Act 2002, the Victims’ Rights Act 2002, and the Prisoners’ and Victims’ Claims Act 2005; or updating an existing database of court proceedings; or (ii) (iii) S c h e d u l e 5 P r i v a c y A c t 1 9 9 3 (b) obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form that could reasonably be expected to identify the individual concerned).
3 S e p t e m b e r 2 0 0 7 R e p r i n t e d a s a t Subject Description Access Available to Department of Corrections (access is limited to identity details for the purposes of— (a) Entering information relating to prosecutions initiated otherwise than by the Police; or (ab) undertaking criminal history checks of persons wishing to visit prisons who have consented to such a check; or (b) Research conducted by the Department, and with the limitation that Schedule information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned) Ministry of Justice (access is limited to— (a) identity details for the purposes of Subject Description Access Available to (i) entering information relating to prosecutions initiated otherwise than by the Police; or (ii) providing assistance to victims in accordance with the Criminal Justice Act 1985, the Sentencing Act 2002, the Parole Act 2002, the Victims’ Rights Act 2002, and the Prisoners’ and Victims’ Claims Act 2005; or (iii) updating an existing database of court proceedings; or (b) obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form that could reasonably be expected to identify the individual concerned).
Subject Victim identity Medical details 1 4 7 Description Access Available to The name, sex, date of birth, address, and telephone number of persons who are the victims of a criminal offence in respect of which another person has been charged Ministry of Justice (access is limited to identity details for the purpose of providing assistance to victims in accordance with the Criminal justice Act 1985, the Sentencing Act 2002, the Parole Act 2002, the Victims’ Rights Act 2002, and the Prisoners’ and Victims’ Claims Act 2005) An indicator to identify persons who are or have been special patients under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or any former Act and the hospitals at which those persons are or have been detained as special patients, or as committed patients, or as patients within the meaning of that Act) Land Transport New Zealand (access is limited to obtaining information for the purposes of— (a) Section 24 of the Transport Services Licensing Act 1989; or (b) Section 46 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986) Department of Corrections Subject Description Access Available to Ministry of Justice Trafﬁc offence and infringement enforcement and document processing Trafﬁc offence and infringement enforcement processing, including infringement fees enforcement and preparation of documents Land Transport New Zealand Ministry of Justice (access is limited to obtaining information for the purpose of processing cases before a court) Legal Services Agency (access is limited to obtaining information for the purpose of processing cases before a court, and for determining an application for a grant of legal aid relating to a criminal matter Subject
m b e r 2 0 0 7 R e p r i n t e d a s a t Subject Description Access Available to Vehicles of interest Particulars of motor vehicles stolen, unlawfully taken, missing, abandoned, or found, or where location is for other reasons required to be known by the Police Ministry of Transport (access is limited so as to exclude such particulars as the Police may determine in any case) Ministry of Economic Development (access is limited to information required for purposes of section 9 of the Motor Vehicle Securities Act 1989 by the Registrar of Motor Vehicle Securities) Wanted persons Particulars concerning persons wanted for arrest Land Transport New Zealand Ministry of Justice (access is limited to obtaining information for the purposes of— (a) Section 24 of the Transport Services Licensing Act 1989: (b) Carrying out the functions conferred on the Authority by section 17(1) of the Land Transport Act 1993 Subject Description Access Available to (c) Carrying out the functions conferred on the Authority by the notice dated 22 August 1993 and published in the Gazette on 2 September 1993 at page 2626) Department for Courts (access is limited to persons wanted in connection with ﬁnes enforcement) Missing persons Particulars concerning persons missing or required to be located Land Transport New Zealand (access is limited so as to exclude such particulars as the Police may determine in any case) Firearms licences Particulars of persons authorised to possess ﬁrearms in accordance with the Arms Act 1983 Ministry of Justice (access is limited to persons required to be located in connection with ﬁnes enforcement) Ministry of Justice (access is limited to identity details of persons who possess ﬁrearms, where that information is required for the purpose of serving orders made under the Domestic Violence Act 1995 Subject
m b e r 2 0 0 7 R e p r i n t e d a s a t Subject Description Access Available to Protection orders Details of protection Department of Corrections orders made under the (access is limited to Domestic Violence Act obtaining information 1995 about any offender who is subject to a protection order while also subject to— (a) a full­time custodial sentence (including while released on parole); or (b) a sentence of periodic detention, supervision, community service, community programme, or community work; or (c) a non­association order.
Access is for the purpose of managing the offender’s sentence in a manner consistent with any protection order.)
Subject Restraining orders Description Access Available to Details of restraining orders made under the Harassment Act 1997 Department of Corrections (access is limited to obtaining information about any offender who is subject to a restraining order while also subject to— (a) a full­time custodial sentence (including while released on parole); or (b) a sentence of periodic detention, supervision, community service, community programme, or community work; or (c) a non­association order.
Access is for the purpose of managing the offender’s sentence in a manner consistent with any restraining order.)
Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 5 Land Transport New Zealand records 153 1 5 4 Subject Description Access Available to Driver Licence register (except photographic images on driver licences) A national register of all driver licences Department of Corrections Ministry of Justice Police Local authorities authorised under section 112 of this Act Serious Fraud Ofﬁce Ministry of Transport (access is limited to obtaining information for the purpose of verifying the identity of people who are or apply to be— (a) Registered as owners of vehicles on the motor vehicles register; or (b) Holders of licences issued under the Road User Charges Act 1977 Subject Description Access Available to Transport services licensing register A national register of all transport service licences Demerit points Rail licensing register The recording of demerit points in relation to trafﬁc offences A national register of all licences under the Railways Act 2005 Police Police Police Schedule 5 Privacy Act 1993 Reprinted as at 3 September 2007 Ministry of Transport records 156 Subject Description Access Available to Motor vehicles register A national register of all motor vehicles Ministry of Justice Police Local authorities authorised under section 112 of this Act Serious Fraud Ofﬁce Land Transport New Zealand (access is limited to obtaining information for the purposes of carrying out the functions conferred on the Authority by— (a) Section 190(1) of the Land Transport Act 1998: (b) The notice dated 22 August 1993 and published in the Gazette on 2 September 1993 at page 2626).
Subject Description Access Available to Road user charges Details of licences issued under the Road User Charges Act 1977 and details of the corresponding licence holders Legal Services Agency (access is limited to obtaining information for the purpose of determining ﬁnancial eligibility of an applicant for a grant of legal aid in relation to a criminal matter) An enforcement authority under the Land Transport Management Act 2003.
Police (access is limited to obtaining information for the purpose of enforcing the Road User Charges Act 1977) Land Transport New Zealand (access is limited to obtaining information for the purposes of carrying out the functions conferred on the Authority by Subject Description Access Available to (a) Section 17(1) of the Land Transport Act 1993: (b) The notice dated 22 August 1993 and published in the Gazette on 2 September 1993 at page 2626).
Schedule 5 Privacy Act 1993 Reprinted as at 3 September 2007 Department of Corrections records 160 Subject Description Access Available to Community­based sentences and conditions of release Police (access is limited to— (a) the person’s area of reporting: Particulars of persons (a) released on probation or parole, or released on conditions under Part 6 of the Criminal Justice Act 1985, or sentenced to community service, periodic detention, supervision, or a community programme; or (b) released on parole, home detention, or compassionate release under subpart 2 of Part 1 of the Parole Act 2002 or sentenced to supervision or community work.
Ministry of Justice (b) in the case of a person released from a prison, the conditions of the person’s release (whether imposed on release or imposed or varied subsequently, and including any direction issued to that person by a probation ofﬁcer) Records of prisoners Particulars of prisoners of prison including the date of release from the prison Police (access is limited to the location and the date of release of the inmate) Ministry of Justice Schedule 6 Privacy Act 1993 Reprinted as at 3 September 2007 Schedule 6 Enactments amended Section 129(1) Enactment Amendment 1957, No 87—The Summary Proceedings Act 1957 (RS Vol 9, p 583) 1962, No 135—The Transport Act 1962 (RS Vol 16, p 659) By omitting from section 20A(9) (as inserted by section 7(1) of the Summary Proceedings Amendment Act 1973) the words “, and the Wanganui Computer Centre Act 1976” (as inserted by section 17(2)(a) of the Transport Amendment Act 1980).
By omitting from Part 2 of Schedule 1 the item relating to the Wanganui Computer Centre Act 1976 (as inserted by section 29(3) of the Wanganui Computer Centre Act 1976).
By omitting from subsection (11) of section 42A (as substituted by section 17 of the Summary Proceedings Amendment Act 1987 and amended by section 9 of the Transport Amendment Act (No 3) 1992) the words “the Wanganui computer system”, and substituting the words “such computer system as is for the time being maintained by any Government agency (being the Police or the Department or the Department of Justice) for the purposes of storing law enforcement information.” 162 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 6 Enactment Amendment 1969, No 24—The New Zealand Security Intelligence Service Act 1969 (RS Vol 21, p 559) By inserting in subsection (2) of section 24 (as substituted by section 25(1) of the Ofﬁcial Information Amendment Act 1987), after the expression “section 105A” in each place where it appears, the expression “or section 105B”.
1971, No 150—The Race Relations Act 1971 (RS Vol 14, p 479) By inserting in subsection (1A) of section 20 (as inserted by section 50 of the Ofﬁcial Information Act 1982), after the expression “section 105A” in each place where it appears, the expression “or section 105B”.
1978, No 103—The Securities Act 1978 (RS Vol 15, p 533) By inserting in subsection (5) of section 28 (as substituted by section 50 of the Ofﬁcial Information Act 1982), after the expression “section 105A” in each place where it appears, the expression “or section 105B”.
1985, No 141—The Goods and Services Tax Act 1985 (RS Vol 27, p 425) By repealing paragraph (b) of the deﬁnition of the term Ofﬁce of Parliament in section 2(1) (as that deﬁnition was inserted by section 2(2) of the Goods and Services Tax Amendment Act 1991).

An item relating to section 4A New Zealand Security Intelligence Service Act 1969 (1969 No 24) was repealed, as from 1 September 1999, by section 9(b) New Zealand Security Intelligence Service Amendment (No 2) Act 1999 (1999 No 91).
An item relating to the Higher Salaries Commission Act 1977 was omitted, as from 21 October 1994, by section 77(2) Health and Disability Commissioner Act 1994 (1994 No 88).

163 Schedule 7 Privacy Act 1993 Reprinted as at 3 September 2007 An item relating to the Films Act 1983 was omitted, as from 1 October 1994, by section 150(2) Films, Videos, and Publications Classiﬁcation Act 1993 (1993 No 94).
An item relating to the Public Finance Act 1989 was omitted, as from 1 July 1994, by section 3(2)(e) Public Finance Amendment Act 1994 (1994 No 18).

Schedule 7 Enactments repealed Section 129(2) 1976, No 19—The Wanganui Computer Centre Act 1976.

1977, No 83—The Wanganui Computer Centre Amendment Act 1977.

1979, No 118—The Wanganui Computer Centre Amendment Act 1979.

1980, No 52—The Wanganui Computer Centre Amendment Act 1980.

1980, No 96—The Transport Amendment Act 1980: Sections 17(2)(a) and 18(5).
1983, No 122—The Wanganui Computer Centre Amendment Act 1983.

1985, No 52—The Wanganui Computer Centre Amendment Act 1985.

1985, No 120—The Criminal Justice Act 1985: So much of Schedule 1 as relates to the Wanganui Computer Centre Act 1976.

1985, No 128—The Parliamentary Service Act 1985: Section 68.

1986, No 10—The Wanganui Computer Centre Amendment Act 1986.
1988, No 24—The Higher Salaries Commission Amendment Act 1988: So much of Schedule 2 as relates to the Wanganui Computer Centre Amendment Act 1986.

1989, No 5—The Wanganui Computer Centre Amendment Act 1989.

1989, No 24—The Children, Young Persons, and Their Families Act 1989: So much of Schedule 2 as relates to the Wanganui Computer Centre Act 1976.

1989, No 138—The Police Amendment Act 1989: Section 19.
• • • • • • • • • • • • • • 164 Reprinted as at 3 September 2007 Privacy Act 1993 Schedule 8 • • • • • • 1990, No 51—The Serious Fraud Ofﬁce Act 1990: Section 56; the Schedule.

1991, No 126—The Privacy Commissioner Act 1991.

1992, No 13—The Accident Rehabilitation and Compensation Insurance Act 1992: Section 174.

1992, No 67—The Transport Amendment Act (No 2) 1992: Section 35.
1992, No 105—The Defamation Act 1992: So much of Sched­ ule 2 as relates to the Wanganui Computer Centre Act 1976; so much of Schedule 2 as relates to the Privacy Commissioner Act 1991; and so much of Schedule 3 as relates to the Wanga­ nui Computer Centre Amendment Act 1980.

1992, No 142—The Public Finance Amendment Act 1992: So much of Schedule 2 as relates to the Privacy Commissioner Act 1991.
Schedule 8 Orders revoked Section 129(3) Title Section 1 of the Wanganui Computer Centre Act Commencement Order 1977 The Wanganui Computer Centre Order 1981 The Wanganui Computer Centre Order 1987 The Wanganui Computer Centre Order 1992 Statutory Regulations Serial Number 1977/8 1981/13 1987/403 1992/104 165